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Appeals court denies rapist early release

The Ohio man is serving a seven-year sentence for the rape of a Crystal River woman in September 1995.

By ABBIE VANSICKLE
Published October 22, 2005

INVERNESS - Jeffrey Allen Cole, an Ohio man convicted of raping a Crystal River woman about a decade ago, won't be released from prison early, an appeals court announced Friday.

But Cole did win at least a small victory: The court ruled that a judge erred by cutting about three months off the man's gain time.

Cole, 40, pleaded guilty in 1997 to charges of sexual battery, grand theft and felony fleeing and eluding in a plea agreement. Then-Circuit Judge Michael Blackstone sentenced him to seven years in prison and seven years of probation.

Cole is also serving 25 years to life in prison for trying to drown a Hillsborough County deputy in September 1995.

The Citrus County sentence was to run concurrently with the longer sentence.

Circuit Judge Ric Howard denied Cole's third and fourth motions for postconviction relief. He also chopped off 30 days of his gain time for filing the third motion and 60 days of gain time for filing the fourth motion.

But Howard wasn't allowed to make that decision, the 5th District Court of Appeal decided.

"Since the trial court is not authorized to direct the Department of Corrections to forfeit a specific amount of gain time as a sanction, these directives must be stricken," wrote Judge William D. Palmer.

It's the responsibility of the Department of Corrections, not circuit judges, to discipline prisoners who filed frivolous or malicious motions, Palmer wrote. Judges who determine a prisoner has filed such a motion can recommend a punishment to the Department of Corrections, Palmer wrote, but judges lack the authority to tell the agency what to do.

Joining Palmer in that opinion were Justices Richard B. Orfinger and Winifred J. Sharp.

In 1995, Cole eluded law enforcement in three counties and led them on two chases in two stolen cars before he was captured and faced sexual battery charges in Hillsborough County. During his capture, he was shot by a deputy after Cole attacked two other deputies searching for him.

At the time of the incidents, Cole was recently released from a Maryland prison. He'd served six years of a 15-year sentence for kidnapping, armed robbery and theft.

On Sept. 13, 1995, he asked a 34-year-old Crystal River woman for a ride home from Castaways Bar and Grill, authorities said. She agreed.

Instead of leading her to his home, Cole directed the woman into a dead-end alley at W Lancelot Court. There he raped her and stole her 1985 Ford Mustang, authorities said.

Law enforcement officers later found Cole hiding in a swamp in Hillsborough County. He attacked a deputy; a gunshot to the abdomen by another deputy brought him down.

In court, Cole was considered a high-security risk because he threatened corrections officers in the county jail and tried to escape.

Abbie VanSickle can be reached at 860-7312 or vansickle@sptimes.com

[Last modified October 22, 2005, 01:13:18]