Man With Porn Arrested At Elementary School

WEST KENDALL (CBS4) -Miami-Dade Schools Police are investigating whether a man arrested Wednesday night on the grounds of a West Kendall elementary school is the same man who was reportedly leaving pornographic material there.

"I am so glad he has finally been caught," said Jose Nieves who spotted the suspect. "I hope that he didn't get to any of the kids. My concern was that he was doing it so close to the school."

The 62-year-old suspect, identified as David Weitzner, was taken into custody Wednesday night after Nieves spotted him at Winston Park Elementary at 13200 SW 79th Street. Nieves told CBS4's Peter D'Oench the arrest came after months of disturbing developments near the school.

For now, Weitzner is charged with trespassing on school grounds which is a misdemeanor. He will be released on pre-trial detention and has been banned from going near Winston Park Elementary School.

Weitzner was arrested after Nieves spotted the man putting a condom on the crosswalk near the school and that's not all.

"Basically like video tapes, actually it's a DVD. And he also was leaving leaflets for DVDs and pornographic materials," according to Nieves who also said the man had a bag full of X-rated materials with him.

Condoms, naked pictures, pornographic items, DVDs and other lewd materials have been left at and by the school for months, which has alarmed Nieves and other parents.

"That's disgusting, especially around the elementary school here," said neighbor Pamela Wake. "There are tiny kids here who go to school on their own and it's a shame somebody has come to this level."

"It's a shock to me," said another neighbor Jackie Rodriguez. "It's stunning when this happens so close to your home and so close to this school."

Nieves said he's glad he could do something to get the man caught. "No more, we're not going to tolerate this kind of stuff," he said.

Nieves said he believes the man lives in the neighborhood.

Nieves says items had been placed at and around the school for nearly six months, but Miami-Dade Schools Police say they only learned of these developments in early December. That's when they stepped up surveillance.

This case heated up recently when parents took a number of the pornographic items to the school principal.

Schools police say since no children were exposed to any of the pornographic items, there are technically no victims which is why only a trespassing charge was filed.

"This occurred after hours and there were no students or staff members at the school at the time of the incident. And that's very important so there was no threat to the students," Chief Charles Hurley of the Miami-Dade Schools police said.

The man does not have a criminal record and was never arrested before, police said. They said he admitted to the actions he is accused of.

Police said more charges could be filed against him, including introducing pornography to minors.

"When the evidence fully comes out, this case will fall apart. he's never had any brushes with the law, and as I say, the facts are going to clear him totally of this," said Bruce Lehr, Weitzner's attorney.

CBS4 has learned that Weitzner has a connection to the school.

A spokesman for the Miami-Dade School Board says his wife, who is now retired, had worked for 24 years with the school system.

"All we have is a trespass charge. We're not done working this case," said Chief Hurley, at a special meeting with residents and parents Thursday night.