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Bonita Beach man’s house arrest ends, will serve probation

The 71-year-old had no criminal convictions, except for a 50-year-old DUI, and was charged with exposing himself to a police officer and then bribing him

— A 71-year-old Bonita Beach man sentenced to house arrest for offering an undercover Naples police officer a $200 bribe to avoid jail after exposing himself will be allowed to serve the rest of his sentence on probation.

But whether Louis A. Zettler can drive to the probation office in Collier County is another question. He’s barred from leaving Lee County.

“Mr. Zettler lives in Bonita Beach and he’s been informed that he’s not allowed to come into Collier County, even though that’s where he reports (for probation),” defense attorney Landon Miller told Collier Circuit Judge Fred Hardt.

“I’ll leave that up to the Department of Corrections,” Hardt replied.

Zettler, who leases a seasonal condo at 4835 Bonita Beach Road, was arrested April 6 at Barefoot Beach in Naples after exposing his genitals to an undercover Naples police officer, according to a police report, which says he offered the officer $200 if he wouldn’t take him to jail. Zettler was booked into the jail, but released hours later after posting $6,000 bond.

On Jan. 22, he pleaded no contest to indecent exposure and a reduced charge of attempted bribery, and Acting Circuit Judge Mike Carr withheld an adjudication of guilt, meaning Zettler won’t have a criminal conviction if he successfully completes his sentence.

The plea agreement negotiated by Miller and Assistant State Attorney Rob Denny reduced the second-degree felony bribery charge, which is punishable by up to 15 years in prison, to a third-degree attempt. The maximum for that charge is five years in prison, while the misdemeanor exposure charge is punishable by up to a year in jail.

Carr imposed the agreed-to term: a year of probation for exposure and a year of house arrest followed by two years of probation for the bribery attempt. But he allowed Zettler to ask a judge to terminate house arrest after serving half. Carr also barred him from trespassing on Barefoot Beach and ordered him to undergo a medical evaluation.

Two months later, Miller asked to terminate house arrest so Zettler could fly to Ohio, where he lives during summers, for follow-up heart care with his heart surgeon. Hardt ruled he should have known about the appointment at sentencing and prohibited him from leaving.

On Wednesday, Hardt granted the defense motion after Miller argued that Zettler’s only prior conviction was for a DUI about 50 years ago. Denny didn’t object, calling Zettler’s criminal record negligible, and also presented testimony from the officer supervising house arrest. The officer said Zettler had fully complied, but the state requires him to object to early termination for certain offenses, including Zettler’s.

Zettler did have a 1994 arrest for indecent exposure in Ohio and paid an $80 fine, but at a prior hearing, he contended a police officer brushed against him and denied guilt; Miller said that charge was later dropped.

After Wednesday’s hearing, Miller questioned the DOC policy, noting, “He lives 200 yards away from the Collier County line and they won’t let him travel to Collier County, so how can he drive to the probation office?”

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They should deport him back to Germany.

#1 Posted by NOT2MINCHIN on August 14, 2008 at 9:12 a.m. (Suggest removal)



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