Judge is urged to allow Lafave plea

OCALA - A Marion County judge told lawyers in the Debra Lafave sex case Wednesday he needed more time to decide whether to agree to a no-jail plea deal.

Then, 5th Circuit Judge Hale Stancil talked about the role of a school teacher.

"One of the most treasured resources we have are our children," Stancil said. "Teachers are very special and we place great trust in them to do what is morally and ethically right."

Lafave is charged with two counts of lewd and lascivious battery on a child under 16 and lewd and lascivious exhibition for allegedly having sex with a 14-year-old Greco Middle School student on June 15 and June 17, 2004. She is alleged to have had sex in the back of a vehicle on State Road 200 as the boy's cousin drove and a second time in a vehicle at Brick City Park.

In November, Lafave pleaded guilty in Hillsborough County to two counts of lewd and lascivious battery involving the same boy. She was sentenced to three years community control and seven years of probation as part of a plea deal. In December, Stancil rejected that same plea, which also requires Lafave to follow all sexual offender requirements.

On Wednesday, Assistant State Attorney Stacy Youmans and Chief Assistant State Attorney Ric Ridgway presented evidence to persuade Stancil to take the same deal 13th Circuit Judge Wayne Timmerman accepted.

Dr. Martin Lazoritz, a psychiatrist and associate chairman of the Department of Psychiatry at the University of Florida, evaluated the alleged victim, who is now 15 years old. He testified that the boy was dealing with "adjustment disorder" as a result of the case and that this made it difficult for the teen to talk about the case.

"The victim in this case would be re-victimized in the system," Lazoritz said, adding that the boy shouldn't testify.

Adjustment disorder is a blanket term for people who develop emotional and behavioral symptoms in response to big stressful situations, like a car accident, divorce or earthquake. It usually lasts less than six months. If it persists, it may turn into an anxiety or mood disorder, according to www.allpsych.com.

"It'll be over for him and I think he will continue to improve . . . I suspect if he would go to trial he would deteriorate," the psychiatrist said.

Stancil interrupted Lazoritz several times to ask questions, including whether the symptoms and the emotional feeling was something all victims in all sorts of cases feel, and whether the boy was getting counseling.

Lazoritz said the boy was not a good candidate for counseling and that he wasn't even sure whether he needed it - saying what he needed instead was "to play basketball in anonymity" and move on with his life.

Assistant State Attorney Michael Sinacore, who handled the case in Tampa, testified the deal was offered because the boy's mother felt the family's privacy was being compromised and that her son would be more traumatized if he had to testify at trial. Those concerns stemmed from the intense media coverage in the case.

Court TV was planning on airing the trial live and would not agree to a time delay to eliminate the victim's name if it was said during testimony nor agree not to film the victim's face. A London tabloid has already published the name of the boy and a school photo.

After the status conference, Ridgway said his office never wanted the case to turn out this way.

"I don't disagree with that at all," Ridgway said, referring to a prison term. "Any person in a special position of trust should be held to a special level.

"But in order to hold her to a higher standard and put her into prison . . . The price for that is on the victim," he said.

Stancil expects to rule within 10 days. He also said he wanted to make sure that the same family members who say they don't want their child to testify do not also plan on filing a civil lawsuit. In such an instance, the boy would most likely testify.

Lafave and her attorney, John Fitzgibbons, were very brief with the media. During some points, Lafave appeared tired and a bit teary-eyed as she walked out of the courthouse.

"I felt the evidence was very compelling to not go forward with a trial," Fitzgibbons said.

If the judge doesn't take the deal, the state attorney's office has two choices. "We can take the case to trial at the expense of the victim or drop the charges," Ridgway said.

"While it may appear that Debra Lafave is on trial, our criminal justice and education systems are on trial, too," Stancil said in court.

Criminal defense attorney Charles Holloman agrees.

"A plea as suggested in this case undermines the integrity of the entire judicial system," Holloman said. "If they're handing out get-out-of-jail coupons for free, I have about 15 to 20 alleged child molesters who would like to get in line for this deal, and two or three of them are cuter than her."

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Mabel Perez can be reached at mabel.perez@starbanner.com or (352) 867-4106.