A Jacksonville man already looking at two Jacksonville sex felonies for allegedly molesting two 15-year-old girls appears to have compounded his problems and is now accused of a jailhouse plot to have both girls killed. Daniel Lowery has been in jail since March, charged with two counts of lewd battery – a second-degree felony punishable by up to 15 years in prison, according to a report in the Florida Times-Union. Last week, he was charged with two counts of capital criminal solicitation – both first degree felonies with a maximum sentence of 30 years in prison, the newspaper reported.
Lowery is accused of sending a letter from jail with instructions on where to find a gun Lowery had and that the girls needed to be silenced so they could not testify, the newspaper reported. The letter also allegedly included information on where the girls lived, what they looked like and suggestions on the best time and place to shoot them, the newspaper reported. A state investigator intercepted the letter and, using the information, was able to run down the gun that is now part of evidence for the state in this Jacksonville Sex Crimes Case. And while this Duval County Sex Crimes Case is rather extreme, it highlights the issue that the best thing anyone can do in jail is just remain quiet and wait for their case to resolve.
In many cases, far more than our Jacksonville Criminal Defense Attorney can count, defendants accused of any type of crime routinely help the state by sending things from jail or talking too much on the phone from the jail. Defendants are told in no uncertain terms that anything they say on the jail phones is being recorded and can be used against them. Prosecutors DO listen to jail calls and WILL use them in court. What often emboldens defendants to open up more and more on the phone with family members or whomever they are speaking with, is the fact they haven’t heard anyone say anything about previous conversations, so defendants often falsely assume no one is really listening. And that may be true – for the time being. Prosecutors aren’t going to waste their time sifting through jail calls and letters on every single case. But when one is set to go to trial they’ll pull the calls. And, that’s where the often find defendants talking about having someone hide evidence or threatening a person who will be called as a witness by the state. Not only could those actions allow the state to add more serious charges, it also adds evidence the state can present to a jury that could show guilt for the original charge. If you are arrested an accused of a crime, please remember anything you say on jail calls or write in a letter can be used against you. Or if you’re loved one is calling you from jail, steer conversation away from the case whenever possible. Little things said on those phone calls can have major implications when the state is putting the finishing touches on its case.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.