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Teen Held In Rape Cases Denied Bail

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By TODD LESKANIC, The Tampa Tribune

Published: November 6, 2007

DADE CITY - A teen charged in the brutal rapes of two Zephyrhills women was denied bail Monday, despite pleas from his family.
Bobby Lee Black III, 19, remains in the Land O' Lakes jail, charged with capital sexual battery, home invasion robbery, kidnapping, grand theft of a motor vehicle and aggravated battery on a person over 65.

Judge Pat Siracusa's decision not to set bail means there's no chance of Black being released to await trial at his Zephyrhills home. A trial date has not been set.

"When the state has DNA evidence, identification evidence and video evidence, it's difficult for the court to set a bond amount that would be appropriate," Siracusa said.

Although Florida law entitles most defendants to a reasonable bail, Siracusa was not required to set bail for Black. That's because state law also allows judges to hold defendants without bail if they are charged with crimes that could send them to prison for life and if prosecutors demonstrate strong evidence of guilt.

Black's case met both criteria.

He and another teenager, Jathniel McMichael, are charged in the March 1 attack on a 66-year-old woman who lived in the Winters Mobile Home Park, a retirement community off State Road 54.

Authorities say Black and McMichael broke in to the woman's home while she slept, robbed and raped her. Black kicked her in the face as they left, said Assistant State Attorney Manny Garcia.

A third teen, Andre Brathwaite, is accused of driving the getaway car that night. Brathwaite, 18, of 34549 Smart Drive, is charged with home invasion robbery and remains in the Land O' Lakes jail, with bail set at $250,000.

Twenty-six days later, Black and McMichael attacked a 68-year-old woman who lived about two miles from the first victim in the Ramblewood mobile park on U.S. 301, authorities said. They are accused of dragging the woman from her house and forcing her into her minivan.

Black is accused of sexually assaulting the woman as they drove to an ATM.

Once there, authorities say Black withdrew $200 from the woman's account. They then drove her to a quarry north of the Zephyrhills Municipal Airport, pushed her in and rolled her minivan in behind her, authorities said.

Assistant Public Defender Sharonda Oliver told Siracusa that Black would be a candidate for bail because of his solid roots in the Zephyrhills community and his lack of a prior criminal record.

Garcia objected, saying the crimes that Black is accused of are too serious to warrant the possibility of a pretrial release.

"We have a responsibility to protect the community," he said. "He not only went out and raped a woman, he did it again 26 days later."

Garcia also told Siracusa DNA tests had confirmed Black's involvement in the attacks.

Adding to the state's evidence is a statement from Brathwaite detailing what happened in the March 1 attack and his co-defendants involvement.

McMichael told police about his role in the March 27 assault and also implicated Black, according to a police report.

Garcia said prosecutors also have a surveillance photo of Black taken at the ATM where he withdrew money in the second attack.

McMichael, 18, of 38832 B Ave., remains in the Land O' Lakes jail charged with home invasion robbery, kidnapping, aggravated battery on a person over 65, grand theft of a motor vehicle and sexual battery. He also is being held without bail.

His case is scheduled to go to trial Feb. 18.

Reporter Todd Leskanic can be reached at (352) 521-3156 or tleskanic@tampatrib.com.

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