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Molestation case sparks bail debate
By CARRIE JOHNSON, Times Staff Writer CRYSTAL RIVER -- In a voice racked with anguish, the caller relayed his story to the state representative. His 13-year-old daughter had been having sex with a 25-year-old man with a lengthy prison record. Authorities arrested the man, Jason Pomposello, on charges of sexual battery, lewd and lascivious acts on a child younger than 16 and resisting arrest. Yet when Pomposello made his first appearance in court, Hernando County Judge Peyton Hyslop, who was overseeing Citrus County defendants that day as part of a monthly rotation among area jurists, reduced his bail from $81,000 to $3,500. Pomposello made bail and was released. The 48-year-old father, whose name is being withheld by the Citrus Times to protect the identity of his daughter, was furious that Pomposello was back on the street. "To me, it was like a slap in the face when I found out what the judge did," the father said. He turned for help to state Rep. Nancy Argenziano, R-Crystal River, who was appearing on a call-in show on WYKE-Ch. 49. Was there anything she could do to help? Another viewer chimed in with a similar tale: She said her 13-year-old daughter was pressured into sex by a 20-year-old man, John O'Brien. O'Brien was arrested and later released from jail after posting bail. A few months later, he was arrested again on a charge of molesting two other young girls while out on bail. Argenziano said the stories chilled her. "I felt drained, like the blood was literally draining from my face," she said. In response, Argenziano called a meeting of local law enforcement officials, legislators and prosecutors to address the issue of setting bail for accused sexual offenders. Among those in attendance at the Tuesday evening gathering were Sheriff Jeff Dawsy, State Attorney Brad King and state Reps. Mike Fasano and Hugh Gibson, as well as the parents who called Argenziano. Argenziano said she was shocked to hear many of the people arrested are released on bail before they ever appear before a judge. Bail is typically set by a chart called a bond schedule, which lists suggested amounts for each crime. If suspects can post that amount, they must be released. Anyone who can't immediately make bail appears before a judge, who can reduce, increase or leave the bail amount where it is. Fasano and Argenziano suggested all arrestees be held until they appear before a judge. That would give prosecutors a chance to see the suspect's criminal record before he or she is released. But Dawsy pointed out the difficulties inherent in that plan. It could cost a small fortune in overtime for law enforcement officers and prosecutors and would result in overcrowding at the jail. "You're also changing the definition of bond," Dawsy said. "It is not a punitive action. A bond is only set to prevent a flight risk." He suggested a more narrow approach: Make it impossible for people accused of a sex offense to make bail before they appear before a judge. "That way you're more effectively protecting our children," Dawsy said. His plan was praised by the others at the meeting, and Fasano and Argenziano pledged to bring it before the Legislature during the next session. (Both Republicans are seeking seats in the state Senate.) Also discussed at great length was Judge Hyslop, who has earned a reputation for reducing defendants' bail. Several of those present at the meeting were critical of the judge and suggested he should be removed from office. In a telephone interview Wednesday, Hyslop defended his actions. According to state and federal law, every person is entitled to a reasonable bail. To a person who makes $100 a year, $10 is a reasonable bail, he said. Because so many of the defendants who appear before him are indigent, the bail is set accordingly, he added. "Everyone is considered innocent until proven guilty," Hyslop said. But he said Dawsy's idea to temporarily deny bail to sex offenders was not unreasonable. There already are several charges for which bail is denied, including homicide and domestic battery. The father of the 13-year-old girl said he was encouraged by the meeting. But now he wants to see action. "People just aren't aware of the severity of the problem," he said. -- Carrie Johnson can be reached at 860-7309 or cjohnson@sptimes.com.
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