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Prosecutor: We didn't want to force the children to testify

The State Attorney's Office released this letter on Wednesday concerning its decision in the case of John and Linda Dollar.

By TRANSCRIBED BY TIMES STAFF
Published September 14, 2005

This letter is written to explain the decision of the State Attorney's Office and Brad King, the elected state attorney, to accept the plea agreement negotiated by myself, Richard Buxman, supervisor of the Citrus County State Attorney's Office; Lisa Herndon, supervisor of the Hernando County State Attorney's Office; and Charles Vaughn, attorney for John Dollar and Linda Dollar. Ms. Herndon, my co-counsel on this case, and I want the public to understand that accepting this plea does not in any way suggest reluctance on our part to take this case to trial. The evidence in this case is substantial and we are prepared for trial.

With regard to the amount of prison time the Dollars will serve, as the law stands today, they will be required to serve a minimum of 85 percent of their total sentence. Their total sentence is 15 years in prison to be followed by 15 years of probation, which means they would serve a minimum of 12 years and nine months of incarceration. John Dollar is 59 years of age and Linda Dollar is 52 years of age.

Pursuant to Florida Statute Chapter 39, the Department of Children and Families is mandated to organize multidisciplinary team staffings in which all agencies involved in a case of child abuse or neglect meet to discuss matters relevant to the needs of that individual child. The multidisciplinary team staffings as it relates to the seven Dollar children was comprised of physicians, psychologists, licensed mental health counselors, foster care workers, Attorney Ad Litem and Guardian Ad Litem for the children, Child Protection Team, Citrus County Sheriff's Office, a victim advocate for the State Attorney's Office and myself. Additionally, my staff and I have been in contact with the mental health professionals at a residential treatment program outside Citrus County where several of the children now reside.

My staff and I have been advised by the clinicians at the treatment center that testifying is not in the best interest of the children; in fact, it serves only to punish them further. The defendants' acceptance of the plea in essence relieves the children of feeling the burden for the outcome of the criminal case.

It is the consensus of the experts involved in evaluating and treating the Dollar children that it is not in their best interest to testify in any capacity about matters related to their abuse and that for some, the simple act of talking about the abuse is tantamount to reliving it. If this case were to proceed any further, the children would be forced, pursuant to the Rules of Criminal Procedure and the U.S. Constitution, to testify about the abuse inflicted upon them by their parents on at least two more occasions. I have spoken with the state attorney's offices in Polk County, Hillsborough County and Sevier County, Tenn., which have all agreed the plea agreement entered into is appropriate and in the best interest of the children. Upon the entry of a plea, those state attorney's offices have agreed, for the same reasons cited above, not to pursue charges against John and Linda Dollar for any abuse which occurred in their respective counties.

I expect many people, including Ms. Herndon and myself, believe that life in prison for John and Linda Dollar would be appropriate punishment. While life in prison may be justice when one considers the defendants' actions and the degree of abuse they inflicted, forcing the children to be involved in the criminal court process is not justice for the victims according to the mental health experts and treatment providers associated with these children.

It is our belief, along with other members of the multidisciplinary team, that our primary consideration should be what is in the best interest of these children and that further involvement in the criminal court process would only be harmful to them. We are unwilling to victimize these children further by forcing them to be a party to any judicial action which may hinder their emotional growth and recovery. These children deserve the opportunity to begin the healing process.

[Last modified September 15, 2005, 01:05:21]