Transcription
Jasmine Paz, F2314366. Uh, if I could get an appearance on behalf of the state, please.
Yes, sir. Good morning. Assistant State Attorney Ayana Duncan.
Good morning. And on behalf of Miss Paz. Derek Morales. On behalf of Miss PZ, who is present here before the court. And Miss PZ speaks English. Correct. Your honor. Good morning.
Good morning. Okay.
Miss Duncan, you're holding me in suspense.
No more suspense, your honor. Thank you.
We have a plea.
Okay.
Negotiated plea uh defense counter offer that the state is going to uh be accepting if the court will ratify.
Let's back up for one second. Can you tell me what it is that she scores or is there any amendment that's taking place here?
Nope. It will be on the charges as they are in the information.
She what does she score? For one second.
Folks. Folks, if I could have you all please try to keep it down as much as you can. Again, it's ricocheting off the walls. Thank you.
All right, back to you, Mr. Nun. What does she globally score?
Yes, your honor. Um, she scores 49.8 months state prison. That equates to about four four years.
A little over four years.
Uh, up to 35 years in state prison, judge, for those charges.
Any minimum mandatories here?
No, your honor.
Okay. And so, what's the global resolution here?
Yes, your honor. The state will be accepting withhold of adjudication, 2 years of community control, followed by 12 years of reporting probation, special conditions to include behavioral therapy.
Hold on.
I'll come back to that in a second. Go on.
Yes, sir. Um, a jobs core program.
Job what? Jobs Core like J O B S C O R E believe there's a jobs core uh program that they can uh enforce. She looks for for jobs. It's my understanding that the defendant has obtained her uh uh AA degree. Uh there will be a mental health evaluation and treatment if deemed necessary.
No substance abuse.
No. No, your honor, not for this. There will be a stayaway order, your honor, from the minor victim in this case. I'll give the initials to the court. Second.
Can I have a copy the arrest affidavit and the information here, please?
Yes. I'll let the court know that as well.
Do you have any I just didn't want to interrupt the court because he's reading All right. What is the status of the parental rights here?
That was the next part of the of the judge. They have been terminated, judge, and we want to enforce that as a part of this plea. I was going to give the court the dependency number case for that. Her parental rights have been terminated, judge. She should have no access to the child moving forward. not in criminal court, neither criminal court nor dependency court. Judge, now provide, your honor, with the dependency number, for which this plea should also take heed that her rights have been terminated. Um, for what it's worth, judge, the initials of the minor child is C, like a cat, and P like Paul, providing madam clerk with his date of birth. And if your honor would like, I have no problem putting on the record the basis for the plea and what the mitigating factors were. he was concerned before ratifying it.
Um there are numerous reasons, judge, for why this is the resolution inevitably.
Yeah, I'd like to hear that.
Yes, sir.
Yeah.
Um obviously these are these are quite concerning allegations, judge. Uh the defendant is
had to take the court has just taken an opportunity to review the arrest affidavit.
Yes.
And clearly there there bring brings great cause to this court. uh for a withhold first and foremost
and for all of these other conditions.
Yes, sir. Um and and this is something that I thoroughly discussed with with my chief assistant uh Miss Kathleen Hog. Um we've had several discussions about this case. Judge, for for the record, um the defendant is charged with solicitation of murder of her minor biological son.
Uh he is now
three at the time. Yes, he I believe he's five now if I'm not mistaken. If my math serves me correct, judge, this is her biological child. She was a teenage mother when she had him. It is questionable about whether or not he is the product of an insensual relationship. I don't know. I don't want to speculate about that, but there are questions surrounding her even becoming pregnant with that child. At the age in which she did, the father was never involved in the child's life. The paternal and maternal grandparents to the child who happen to be the biological parents of this defendant have been involved in the child's life. The defendant presents with uh no visible um mental health um uh disabilities on record judge. However, there there are physical uh deformities and such that have been the basis for um a lot of issues growing up, a lot of bullying, a lot of issues in school. Um the defendant had this child was illquipped to take care of her child. The parents were taking care of the child. It appears uh as if she met an individual um uh became uh acquainted with this person um another young young teenager and um did not advise him that she had a child. Upon realizing that she had a child, he dumped her and she was devastated. And there are allegations that uh he may have been kind of the catalyst or impetus for her even trying to carry out this plot cuz essentially it was get rid of the child if you want me back. Now granted, Miss PZ is responsible for her own actions. Um inevitably um she contacted what she believed was a hitman website. As it turns out and thankfully and luckily for the minor child, it in fact was not a true website judge. This was a parody website. uh originating in California. The uh owner of said website uh had been deposed. If you recall, Mr. Morales and I, we actually physically flow uh flew to California to have the owner deposed. And essentially, this was a this was a parody website. Nothing was actually going to be carried out. Thankfully, the child was never harmed. Um but she did fill out what she believed was a form advising to essentially get rid of, you know, she wants to be done with this once and for all. Um that can be indic indicative of a lot of things. Uh, obviously from the state's perspective, it's that she was soliciting someone to potentially murder her child. Um, but there's room for interpretation about what that actually meant, especially given that things came out at the deposition that this was in fact a parody site and for proof basis whether or not we'd be able to uh prove beyond a reasonable doubt that she herself um really meant to carry it out. Furthermore, judge, no money was exchanged um for this particular solicitation. Um she was placed in contact with a um uh member of uh the police department who was pretending to be the hitman. Um and conversations were had initially and then they ceased and so nothing was followed through with judge as far as money exchange to carry out uh any action. That being said, um based on the indicators on the uh application that Miss Pas filled out, uh we were able to ascertain that this child does exist. Of course, this baby um was alive, was residing at the address in which she she put
baby.
Yeah, he's a he's a child.
Okay. He's an infant. Judge.
This is an infant.
Correct. I don't want to misspeak. I'm not sure. I'm not sure that makes it better, right? Infant, baby. It's it's all bad. The point is she solicited uh this site and put uh information in the fields that would cooperate that this child does reside there, does live there. And so a wellness check was carried out and they realized that the child was there, notified the maternal grandmother who was uh in custody of the child and this is how this case came to fruition.
Who has custody of this?
The maternal grandmother judge and
adopted the child.
She adopted the child formally now.
As a termination. Wait, wait, wait, wait, wait.
Maternal grandmother.
Correct.
The defendant's mom.
Her Yes, the defendant's mother.
Wasn't that the same person that was in charge of caring for the child at the time of this alleged incident?
Not really, judge. Um,
who was the minor living with at the time?
Sure, if I may.
Go ahead, Mr. M. So my client being in high school at the time,
both the maternal and paternal grandparents were
99% active and watching over the child while she was attending high school.
Yep. Right.
So it wasn't necessarily that the child was with one of the other parents grandparents. As a result of the termination of parental rights case in children's court, the court there found the grandmother to be most suitable and went through the process to adopt the child as a result of her her parental rights being terminated.
She has not had any contact with the child.
The child is now residing with the maternal the defendant's mother.
That is correct, judge.
And she lives with her with her father considering that at the time she was in high school.
Yes, your honor.
Question. So the the issue is where in light of the contemplated stayaway order.
Yes, ma'am. Or yes, sir.
Where is uh where is Miss Pa is going to live?
She's currently residing with her paternal biological father. And he's actually present in court today. He uh he's been present at every court hearing judge in support of his daughter for what it's worth. And since the inception of this case, he has been the one to uh, you know, bond her out of jail. She has been released on pre-trial release conditions, judge. So, she hasn't been sitting in a jail cell all these years. She has been, since this case has been pending, out on bond, out on pre-trial release conditions with no violations in the care custody of her father. And that was another factor that the state took into account. How would we facilitate a plea whereby we protect the child's interests, make sure she's not in contact with said child, but that she's in an environment where she can actually be held accountable for the things that she needs to do. And looking at Miss Paz's progress, not that I'm giving her any brownie points, I think there's something to be said about being on pre-trial release conditions for as many years as she has without violations, but it's what she also did in that time. She graduated from high school successfully. she uh is in the process of almost successfully completing her associates degree from Miami Date College. There's something to be said about that. Um and this is why we didn't just throw an adjudication on her record, judge. Um, you know, I'm not the creator here. I can't speak for what she did. She's got an answer for that. But this is someone with no priors. This is not a situation where we give PTI, of course. And this is a situation where Mr. Morales asked as asked the state for uh YO sanctions in light of her being the age that she was when she did this and having no criminal record. And the state said no because that wasn't severe enough. So here's the middle ground. You'll get a withhold because maybe, just maybe, there might be a light at the end of the tunnel for this defendant. She it can go left or right, judge. Like you've seen so many defendants come before you in the past. She has a she has a chance to correct this and be a better person. So this is why we didn't throw an adjudication at her. So withhold of adjudication, it would be two years of community control. That's pretty stringent. Subsequent to that, it would be 12 years of reporting probation and she better complete those conditions successfully or she knows she very well might be before your honor or this court in the future on a violation.
Thank you, Miss Duncan. Um, Mr. on the behavioral behavioral therapy special condition. Is there a time element that this is going to be imposed upon? Is it for the entire 14 years? That's what I don't understand.
Sure. So, my understanding was that it would be based on the necessity after she went through a mental health uh evaluation. Uh, and if I could remind the court that
I I'm looking at two different components from what was um explained to me by the state. One is that she's going to be required to engage or continue in behavioral therapy.
The other one is a mental health evaluation. Okay.
So, I'm not assuming those. Okay. Right.
If I'm wrong,
then I would like to get that clarified
because usually it's a mental health evaluation and treatment if it's deemed necessary. It sounds to me that with the behavioral therapy it's it's taking place or it will take place and for I'd like to know for how long.
Sure.
Well, judge uh you know as part of the plea we're open and give deference to the state and the court regarding uh if she needs that to go on for a certain amount of time. Uh even even the mental outside of whether there's an assessment and she needs it or not. We also believe that that will go on for as long as the doctors that are taking care of her say is deemed if they said, "Hey, continue doing this as long as you're on the probation for the next 10 years or if she found to um complete some sort of requirement." Okay.
But I give difference to the state there.
True or false? She's currently under engaged in behavioral therapy. Yes or no?
No.
She's not. Okay. So then I I guess these are then to be sued. She's gonna she's going to be required to undergo a mental health evaluation.
Yes, sir.
And then depending on that treatment or depend forgive me, depending on that evaluation outcome, if treatment's deemed necessary, then she's going to be required to complete the treatment. Is that is that correct?
Your honor, I understood it to be two independent things. Um, and I'm not trying to confuse your honor in any way.
Your your question?
I'd like it I'd like it to be clarified because I'm I'm looking at as two different things as well. Yes, your honor. And and the court's question is valid. My understanding is a mental health assessment and treatment is just that. It's an assessment and treatment for mental health needs that could potentially include behavior cognitive therapy.
But if we make it a mandatory requirement separate and apart from any evaluation, I think that that would be something something additional. So I I don't see the advocate or whatever whatever program is going to be facilitating this this this uh these conditions not taking heed with hey she needs a behavioral therapy program behavioral therapy uh treatment and while also doing a mental health assessment because there could be other mental health issues for which she also needs treatment. I just know that behavioral therapy is something that I want to make a mandatory condition separate and apart from what might be determined at a mental health assessment.
Mr. Morales.
Agreed, your honor.
Okay. Um and councils councilors I'd like you both I'd like to thank you both for giving me that information. um as far as the mitigating circumstances and that they're duly noted on the record. Um Mr. Morales, your client's going to be accepting this resolution. I have it as a withhold two years community control followed by 12 years reporting probation. The requirement to undergo behavioral therapy until and such time that the provider, the medical provider, uh deems it no longer necessary for her to proceed with that. She's going to maintain the job score um requirement program, mental health evaluation and treatment if it's deemed necessary from that and a stayaway order from the minor with the initials of CP which as I understand it her parental rights have already been previously terminated by a court with proper jurisdiction. Is that right?
Yes, your honor. Dependency court. I would like though to put the Do you have the dependency court under?
No, I can't find it. Um I
I just don't have my laptop.
That that you know we have something also in this plea that speaks to um you know uh defendants parental rights uh terminated.
What's the case number?
I thought we had it.
Yeah. Sorry, judge. I thought I had it, too. Um it's the one daddy bring my laptop with me.
We got There's no shortage of computers here in the courtroom, folks. Can't be that difficult to find out.
Yeah, I'd like to just put that I'd like to include that.
I'll tell you what, why don't you all do that? I'm gonna take just a brief recess buffer break. We'll come back in five minutes. All right. So, we'll return at 111. We're off the record. Okay.
Okay. We're on the record, folks. The time is 11:13 a.m. And we're back on the record on Monday, March 23rd, 2026,
addressing the case of the state of Florida versus Miss Jasmine or Jasmine Paz F23 14366. Uh, let the record reflect the council for the state is present before the court. Council for Miss Pas is present before the court. Miss Pas is present before the court. Folks, we took a brief recess in order for you folks to have an opportunity to acquire the dependency court case number there. Anybody find it?
Yes, that's correct, John. The dependency court case number is D225473.
D2215473.
That's correct, Judge. In Miami date county.
Yes. Okay. and and your honor just uh discussing with the state refreshing on the mitigating circumstances judge because there's been some time that has passed and we've really focused on specific things throughout the history of this case. It was important to for the court to know that Miss Pis did undergo a mental health evaluation in this case um where we went through the JAC and were able to get a expert which that report was given to the state. it confirmed uh Miss Pas being diagnosed with schizophrenia and having episodes uh during the time and connected to to the case before here. So, I just wanted to bring that up because Miss Duncan and her excellent way of telling the story that happened, that's just one of the things that kind of got lost in translation there.
Okay. And u thank you for that, Mr. Morales is your client, I assume, is going to be accepting this proposition. Is that right?
Yes, judge. With with grace to the state and and the courts.
Miss P, I'd like you to come up to the microphone. Can we move that microphone a little bit closer so it's a little comfy?
M P, I'm going to ask you to please raise your right hand for me. Do you swear to affirm the testimony you provide today will be the truth, the whole truth, and nothing but the whole truth under penalty or perjury. So help you. God, please say I do.
I do.
Thank you, ma'am. If you could put your hand down, please state your name for the record and your date of birth, please.
Jasmine Pis, May 29, 2005.
How far did you get in school, ma'am?
I got all the way into high school, and I am on my way to get my associates in science.
Okay. Do you have any history of mental illness? I had a history of PTSD and the schizophrenia.
Okay. I wasn't necessarily asking for any diagnosis. I was just simply asking yes or no whether you've had a history of mental illness that it seems to be yes. Is that right?
Yes.
Okay. Um are you currently in light of that answer? Are you currently under the influence of any drugs, alcohol, or medication that would affect your ability to not understand what we're doing today? No, you are.
Miss Pas, you're before this court today u because the state of Florida charged you with three uh felony counts. The first one being first-degree murder or solicitation of first-degree murder, which is a felony in the first degree. The second one is communication unlawful use of communications device which is a felony in the third degree and tampering with or fabricating physical evidence also a felony in the third degree. Your attorney, Mr. Morales, previously entered a plea of not guilty on your behalf on these three counts and request that the matter be set for trial. We're actually here today for trial. Um, and my understanding is if this proceeded to trial and a jury of your peers found you guilty of these offenses, um, Miss Duncan informed me what the sentencing guidelines would be. Um, I'm going to stop there for one second. I've had an opportunity to review the arrest affidavit in this case uh when you were arrested back on July 18th of 2023. Um and so I have some understanding of the incident, if you will, that gave rise to you being here today. However, what would be presented at trial, I don't know what that would be. Um, I would be sitting here just like the jury would watching and listening to the testimony of the witnesses and the introduction of evidence would be occurring as I would be sitting here just as it would in front of the jury. So, I don't know the all of those items that would be presented at trial. Okay.
Yes.
All right. Now, having said that, um, I have I've had an opportunity to review the arrest affidavit and the information in this case. If this proceeded to trial and a jury found you guilty of these offenses, Miss Duncan informed me that the sentencing guidelines presented to the court at the bottom would be 49.8 months state prison, which is just over four years in state prison. Okay. Up to a maximum sentence of 35 years in state prison.
I'm sorry, your honor. I misspoke. It's 40 years is the max.
I was going to say the 35 doesn't seem right because it's five and five with the 30. So it's 40.
I misspoke.
So the the on the high end, if you will, the maximum sentence you'd be facing is 40 years in state prison. Um I've also been informed that uh through negotiations with your attorney and through the discovery process, your attorney and the state attorney's office have come to a resolution that will avoid the need of this matter proceeding to trial. And my understanding of this resolution is as follows. You're going to change your plea and you're going to plead guilty to all three of these counts. The court will find you guilty, but the court's going to withhold adjudication. Now, that's very important, and I'm going to stop there for one second. I'm sure Mr. Morales has gone over this with you, but um the withhold of adjudication, there are a lot of terms that are tossed around in courtrooms that don't make a lot of sense to people outside of these of this room. Withhold of adjudication means that it does not result in you becoming a convicted felon and all the consequences that come with that. So you there will be a withhold of adjudication as to all three counts. The court will be sentencing you today. However, based on your admission or your plea of guilties and the court, the conditions of your sentencing are as follows. Number one, you're going to be placed on 2 years of community control supervision. And that's kind of like a heightened form of of probation for two years of that. Then that's going to be followed by 12 years of reporting probation. If I'm doing my math right, that puts it at roughly the year 2040 that you're going to be on probation. We're in 2026. You're going to be on some form of probation until the year 2040. There's also several special conditions that are required here. Number one, you are going to have to undergo behavioral therapy and you're going to continue that therapy up until the time that the provider, whoever the medical provider is, whether it's a psychologist or a psychiatrist that'll be providing that therapy, uh, whoever it is that the the provider is that's providing that therapy to you will tell will say that you're no longer in need of it. you're going to be required to uh un um maintain job score programming, which is to indicate to the court that you're engaged and employed actively. You're also going to be required to undergo a mental health evaluation and treatment if it's deemed necessary after that evaluation. And the court is going to be executing what's called a stayaway order directing you to stay away from the victim in this case, the minor with the initials of CP. You're going to be required to keep a distance of no less than 500 ft from that person throughout the entire duration that you're on probation. So all 14 years. Um and the court will also be indicating for the purposes of the record that um based on the outcome of what occurred in the in this county's dependency court case number D225473 that your parental rights have already been previously terminated with respect to this minor victim. That's my understanding of the resolution. Miss Paz, is that your understanding of the resolution?
Yes, your honor.
Okay. Okay. And Mr. Morales has indicated to me that you're going to be accepting this offer. Is that right?
Yes, your honor.
Are you accepting this freely and voluntarily?
Yes, your honor.
Okay. Has anyone forced you or threatened you in any way to accept this offer?
No, your honor.
Miss Pas, do you understand that if you are not a US citizen, this plea will subject you to immigration concerns which will include being deported from this country? Do you understand?
Yes, ma'am. You're also giving up certain constitutional rights, which I'm going to go over each of these with you. Okay.
Yes, sir.
You're giving up your right to continue to plead not guilty and proceed to trial on this matter. Do you understand?
Yes, you do.
You're giving up a right to be represented by an attorney or have one appointed for you if you cannot afford one. Do you understand?
Yes, your honor.
You're giving up a right to confront witnesses, cross-examine witnesses, and compel the attendance of witnesses at trial. Do you understand?
Yes, your honor. You're giving up your right not to testify or incriminate yourself before this court today. Do you understand?
Yes, your honor.
You're giving up your right to require the state to prove its case beyond a reasonable doubt against you. Do you understand?
Yes, your honor.
You're also giving up your right to appeal any mistakes that this court would make at trial or if a jury returned a verdict of guilty against you. Do you understand?
Yes, your honor.
Do you understand these rights as I've explained them to you?
Yes, your honor.
Do you have any questions regarding these rights? No, you don't.
You understand that by changing your plea today, you're giving up all those rights and there will not be a trial in this case. Do you understand?
Yes, your honor.
You also understand this may subject you to enhanced penalties if you are convicted of future criminal offenses. Do you understand that?
Yes, your honor.
This also may subject you to involuntary civil commitment as a sexually violent predator upon completion of your sentence. if the offense to which you are pleading is a sexually violent or motivated offense or if you've been previously convicted of such an offense. Do you understand that?
Yes, your honor.
Miss Pas, as a condition of this resolution, you're going to be placed on, as I said before, two years of community control supervision and then that will be followed by 12 years of reporting probation for a total of 14 years of some form of of monitored supervision. Do you understand that? Yes, your honor.
Do you understand, ma'am, that if you violate any of the terms and conditions of either your community control or your reporting probation, which could include the commission of any new crimes, you could find yourself back before this court for a probation violation hearing. And in that circumstance, Miss Pas, if the state meets its burden merely by the greater weight of the evidence, I'm going to stop here for a second, Miss Pas, because it does not require beyond a reasonable doubt. All that's required is greater weight of the evidence. And I'll tell you honestly, when I was in law school, I found those words to be somewhat useless. What that means in layman's terms is more likely than not. That's all that the state has to do. And if the state does that, because it you're not going to have a jury for that case, state is successful in that probation matter, this court can sentence you up to 40 years in state prison. Do you understand that, ma'am?
Yes, your honor.
Have you had an opportunity, ma'am, to speak to your attorney about this offer?
Yes, sir.
Has he answered all your questions?
Yes, sir.
Do you need more time to speak with him about it?
No.
You've had sufficient time to do so?
Yes, sir. And are you satisfied with the legal representation and services provided to you by Mr. Morales and those of his firm?
Yes, your honor.
Okay, Miss Paz, with all of those questions answered, at this point in time, I'm holding up here in open court the original information filed in this case charging you with the three counts as well as the arrest affidavit in this case. And at this point in time, ma'am, do you wish to change your plea and plead guilty to all three offenses in this information? Ma'am,
I'm sorry. Yes, sir.
Miss Pas, I'm not I promise you I'm not trying to confuse you. There's a lot of questions and a lot of things that are happening. Okay. But just as I understood it, you were going to you were going to be as I understood it, ma'am, you were going to be pleading guilty to these three offenses. So, I'll ask again. At this point in time, ma'am, I've asked you all the questions with respect to your constitutional rights. At this point in time, do you wish to plead guilty to all three offenses in this information?
Yes, your honor.
And are you pleading guilty to these three offenses? because you are in fact guilty of all three.
Yes, your honor.
Defense council reviewed all discovered disclosed by the state.
Yes, Judge.
State defense or defendant know any physical evidence containing DNA that would exonerate the defendant?
No, your honor.
No.
Defense will psi.
Yes. Wait.
Parties will to stipulate there's a factual basis to accept the plea.
The state so stipulates. Just
stipulates. So defendant,
Miss Pas, the court has also had an opportunity to independently review the arrest affidavit as well as the information in this case. And based on the court's independent review of these documents as well as the stipulation by council, the court finds as follows. There is a factual basis to accept your plea of guilty to all three counts. Court further finds that you've entered your uh that uh you've entered your plea and waved your rights knowingly, intelligently, and voluntarily. That you understand the nature of the charges against you as well as the consequences of your plea and that you've been represented by competent and effective assistance of council with whom you say you are satisfied. Accordingly, ma'am, the court will accept your plea of guilty to all three counts on F2314366. The court will find you guilty of all three counts on this matter. The court will withhold adjudication, sentence you to two years community control supervision. That'll be followed by 12 years of reporting probation special condition of the completion or maintenance of behavioral therapy until such time that the medical provider deems it unnecessary for you to proceed. You'll be required to maintain a job score and uh maintaining employment through that program. Court will also require you to in undergo a mental health evaluation and treatment if it's deemed necessary. Um Tamika, I think that the date of birth here is incorrect. Folks, you'll you'll correct me. I think it's 2020.
Yes, your honor. My apologies. I did I whispered to the clerk and I told her I needed to correct that.
I saw it and I I'm I'm going to change the date or the year here.
That was my my fault, Judge. Sorry. I'm going to put my initials next to the correction. Um, the court is going to be executing a stayaway order. Uh, Miss PZ directing you to stay away from the minor with the initials of CP. Do you understand? You may not come within 500 ft of the minor child. You may not come within 500 feet of that child. Uh their uh child's residence, place of employment, school or um their home, their place of employment andor school. Do you understand? You may not have any direct nor indirect contact with that child through third persons, social media or any other electronic means including text and email. Do you understand? You may not engage in any criminal activity. Do you understand? You may not use or possess any illegal drugs. Do you understand? You may not use, purchase, possess, or carries any gun, weapon, ammunition, or firearm. Do you understand?
Yes.