The Tampa attorney who recently stepped into the “sex on the beach” case to represent one defendant now also represents the other.
A day after 12th Circuit Court Judge Diana L. Moreland allowed attorney Leland Taylor’s to withdraw from her case, Ronald J. Kurpiers II filed his appearance as attorney for 20-year-old defendant, Elissa Alvarez.
Kurpiers entered the case for Alvarez’ co-defendant, 39-year-old Jose Ben Caballero, in mid-March, after Caballero rejected a three-year prison and lifetime sex-offender plea deal offered by the state.
Each defendant faces one count of lewd and lascivious exhibition in the presence of a child for a July 20, 2014, sexual display in Bradenton Beach.
Kurpiers said April 23, “there are no pleas” and he’s ready to defend the pair.
Assistant State Attorney Anthony DaFonseca also said he’ll be ready for trial the week of April 27 at the Manatee County Judicial Center, 1051 Manatee Ave., W., Bradenton.
Both attorneys, however, acknowledge there are priority cases that may bump it.
DaFonseca said that due to possible conflicts, the defense attorney is required to obtain waivers from both Alvarez and Caballero under the rules governing attorney conduct.
The defense had similar concerns in a motion filed in late March.
In a motion to sever their trials — now withdrawn — Alvarez’ former attorney contended the two defendants had “antagonistic defenses” and that each may “be blaming the other for the events which led to the arrest and charge of the defendants.”
Kurpiers said both defendants have signed waivers.
The case began when witnesses called Bradenton Beach Police Department and responding officers took six affidavits from complainants.
One witness published a YouTube video, which went viral on FoxNews and other media outlets, showing Alvarez on top of Caballero, allegedly engaging in a sexual act.
Due to his criminal history, Caballero will be sentenced to 15 years in state prison if convicted, according to DaFonseca.
Alvarez faces up to 15 years in prison.