OT: FL judge: MR teen more experienced in seduction than molester

[Guest guest]

This wasn't meant as a gotcha, Lenny, I swear.

Judge defends probation for teacher in sex case

By Colleen , Times Staff Writer December 12, 2008

TAMPA, Florida — Prosecutors wanted former teacher

to go to prison for repeatedly having sex with a special education

student.

But when Hillsborough Circuit Judge J. Padgett looked around

his courtroom during 's sentencing, he saw no outrage. No angry

parents. No damaged boy.

It made him wonder if the victim felt like a victim.

" When you do not have a victim, then what are you left with? " Padgett

told the St. sburg Times on Thursday. " When you don't have

retribution, you don't have much of anything. "

, 34, faced up to 30 years in prison. Swayed by three hours of

testimony about the ex-Middleton High School teacher's long history

of mental disorders, the judge sentenced her Wednesday to five years

of sex offender probation.

He said from the bench that the victim, then 16 and borderline

mentally retarded, according to prosecutors, was probably the more

mature and less vulnerable of the two.

That suggestion horrified an attorney who said he plans to sue the

Hillsborough County School District and possibly on behalf of

the teenage victim. admitted having sex with the student up to

a dozen times during a three-week period in fall 2007.

" I want to see her get on the stand and say that she was more

vulnerable than this child, " said attorney Darryl Rouson. " I can't

see a civil jury, using its common sense, coming to the same

conclusion as Judge Padgett. "

Rouson said he didn't know why neither the teenager nor his parents

showed up for 's hearing. Court records show that the victim's

mother accepted a subpoena served to her son more than a month ago.

The Hillsborough State Attorney's Office is appealing 's

sentence and would not comment Thursday.

The victim's voice certainly could have influenced Padgett's

decision.

Last year, the judge heeded the call from another set of parents who

wanted prison time for the teacher who had sex with their teenage

daughter. Jaymee Wallace, a former Wharton High teacher and coach

with far less documented evidence of mental illness than ,

received three years in prison and three years of sex offender

probation.

In 's case, Padgett said he became convinced that the teenager

was more experienced in seduction than the teacher and heard no

testimony that suggested otherwise.

Even though the teen was in a special education class, one

psychologist who testified for the defense said he wasn't mentally

retarded. The state provided no experts to contradict that claim.

Defense attorneys said the teen asked for 's phone number and

to go to her home. In court records, he said the sex was consensual.

He wore a condom that he brought with him.

" He exercised authority over her, " Padgett said.

Rouson questioned why , portrayed by her attorneys as

overwhelmed and not adequately trained to teach a high school special

education class, was hired in the first place.

Special education teachers are in short supply nationwide.

Hillsborough schools spokeswoman Cobbe said had

temporary certification to teach exceptional student education, a

situation that is not uncommon as someone takes coursework to become

fully certified.

Cobbe said the district wasn't aware of 's mental health

issues.

" We don't do psychological screenings, " she said. " We do criminal

background checks. "

School districts are taking a chance whenever they put someone in

charge of a challenging group of students without enough support and

training, regardless of the teacher's own mental health situation,

said Sara Bicard, assistant professor of special education at the

University of Memphis.

" This temporary certification process where we just stick a warm body

in the classroom while they do their coursework may set teachers up

for failure, " she said.

's sentence sparked quite a debate among people who posted

comments about it on the Times' Web site, tampabay.com.

Padgett, who faces mandatory retirement at year's end but plans to

serve as a senior judge, said he didn't pay much attention to the

flurry of opinions.

" You've got to do what's right, " he said. " I like to think I've never

imposed a sentence upon a person because of what the public might

think. "

Times researcher contributed to this report. Colleen

can be reached at cjenkins@... or .