“Sex on the beach” became the talk of the island and social media last summer and now the court case it spawned is ramping up with pre-trial posturing.
Jose Ben Caballero, 39, and Elissa M. Alvarez, 20, both of Bradenton, each face a charge of lewd and lascivious exhibition for a July 20 sexual encounter at Cortez Beach in Bradenton Beach.
Attorneys had initially expected the case to end with plea-bargaining, not a trial.
But after Caballero rejected the state’s plea deal and a new attorney took over his defense in March, motions were filed to prepare for a jury trial.
On April 7, Assistant State Attorney Anthony DaFonseca said he expects a two-day trial to begin either April 27 or May 4.
DaFonseca said he is determining how to respond to several defense motions, including requests to separate the co-defendants’ cases. A motion to limit testimony from adults about statements made by a 4-year-old child also was filed.
Caballero’s new attorney, Ronald J. Kupiers II, of Tampa, said the state had offered a “harsh penalty” of three years in prison with a lifetime sex-offender designation, and “my guy didn’t want to take the deal.”
Alverez’s attorney, Leland Taylor, was unavailable for comment but Kupiers said Alvarez may take a plea deal.
Six witnesses complained to Bradenton Beach police on the day of the Cortez Beach frolic, including women with minor children, who told law enforcement a 4-year-old saw the couple having sex.
One of the women took a video that shows Alvarez astride Caballero.
The case drew national attention from as far away as New York City and Las Vegas when a YouTube video hit FoxNews, Huffington Post and social media.
“It was the talk of the town,” acknowledged Kupiers. “It was on YouTube and it went everywhere.”
Kupiers said, however, the video shows only simulated sex, not sex.
“They weren’t having sex,” Kupiers added. “No one saw them having sex. It was only one family that got offended by what they saw.”
A docket sounding to determine the trial date is set for 10 a.m. Wednesday, April 15.
Pending motions will be heard at 4 p.m. Friday, April 17.
Twelfth Circuit Judge Diana L. Moreland will hear the case in courtroom 6-A in Manatee County Judicial Center, 1051 Manatee Ave., Bradenton.