FL- Sex Offender Arrested At Park

A few points, and I have no idea whether he is guilty of any crime, the officers comments leave something to be desired. Is there a bus stop there? Is there a store there? There are dozens of reasons why this man could be in a area such as that. Now just yesterday this paper reported that there is NO LOITERING law, so where does the trespassing come from? How does one "circle" and "trespass" at the same time? We need more facts before convicting this or any other person.

UPDATE: A second story -also below- confirms my comments and it appears we have a case of police harassment (see second news article below).

9-4-2009 Florida:

Bryan Exile Had Joined ACLU In Fight Against Julia Tuttle Camp

MIAMI -- A convicted sex offender who joined the ACLU in a lawsuit trying to close a camp for sex offenders under the Julia Tuttle Causeway has been arrested.

Miami Police arrested 22-year-old Bryan Anthony Exile on Thursday after he allegedly went to a Miami park where children congregate.

According to the arrest affidavit, an officer was patrolling near Rainbow Village Park in the 2100 block of Northwest Avenue after receiving reports that people were selling drugs and carrying weapons in the area. The officer reported seeing Exile circling the park, where several children were playing.

In the affidavit, the officer reported seeing Exile in the area before and warning him not to return or he would be arrested.

The officer arrested Exile on trespassing charges. Police said that when the officer found out Exile was already on probation on sex-related charges, he contacted the probation officer, who said to hold Exile until he could go before a judge, according to the affidavit.

Exile remains at the Miami-Dade County Jail.

Exile was one of dozens of sex offenders who live under the Julia Tuttle Causeway. Corrections officials have argued that they have very little choice when it comes to placing sex offenders. Local laws in Miami-Dade County require them to live at least 2,500 feet from places where children congregate. That is more than twice the state-required buffer zone of 1,000 feet. ..Source.. by JustNews.com



ACLU's plaintiff gets arrested

9-4-2009 Florida:

A sex offender living under the Julia Tuttle Causeway was arrested for trespassing near a Miami park. The defendant is part of a lawsuit challenging Miami-Dade County.

One of the lead plaintiffs in a suit challenging Miami-Dade County's restrictive ordinance against sex offenders was arrested by police on Thursday for trespassing near a Miami park and violating his probation.

Miami police said they arrested Bryan Exile after warning him to stay out of the area, which has posted signs prohibiting trespassing. The 22-year-old is one of several homeless sex offenders who live under the Julia Tuttle Causeway.

Exile's lawyer, Bruce Alter, criticized police, saying his client frequently visits family members who live in Rainbow Village, a public housing project in the 2100 block of Northwest Third Avenue.

``His wife dropped him off at her relative's home and he had a perfectly legitimate reason to be in this complex, and any suggestion that he was anywhere in the neighborhood of the park to prey upon kids is patently absurd,'' Alter said.

Exile has been on probation since 2007 after being convicted for lewd and lascivious battery on a child.

This summer, Exile was named as one of two plaintiffs in a suit brought by the American Civil Liberties Union against Miami-Dade.

The ACLU contends that the state's rule that sex offenders must live at least 1,000 feet from where children congregate supersedes the county's stricter 2,500-foot ordinance. It is unclear if Exile's arrest would have any affect on the suit.

``I don't know the answer yet,'' said Howard Simon, executive director of the ACLU of Florida. ``I only hope what has happened in the last couple of days does not mean the ordinance will evade review by the courts.''

According to Miami police, which filed two reports, Exile was spotted at 2128 NW Third Ave. in Rainbow Village on Thursday afternoon.

In their reports, two Miami police officers said they had warned Exile on previous occasions that he would be arrested if he continued loitering in the area.

``There are `no trespass' signs all over the complex,'' one report said. Furthermore, police noted that he could not give officers a reason why he was there. The arrest report for the violation of probation says Exile was ``circling the park while several kids were playing.'' Exile was booked into Miami-Dade jail late Thursday for trespassing on property after warning and sex offender/predator present in a park. ..Source.. by JULIE BROWN AND JENNIFER LEBOVICH