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Porter attorney fires back at sentence critics

By CANDACE RONDEAUX
Published November 8, 2005

TAMPA - Jennifer Porter's courtroom battle may be finished, but the fight over her case continues.

Four days after a Hillsborough judge sentenced the former Muller Elementary School teacher to house arrest and probation for her role in an accident that left two children dead, Porter's attorney, Barry Cohen, disputed the suggestion the ruling was racially motivated. Cohen said Tuesday he's concerned some had misinterpreted the facts in Porter's case, and took shots at those who suggested Porter should have received a harsher sentence or been charged with vehicular homicide.

"The educated people in this community - the African-American lawyers, for instance - would understand why this is not vehicular homicide," Cohen said.

Hillsborough Circuit Judge Emmett Lamar Battles Saturday convicted Porter of leaving the scene of an accident involving death, and ordered Porter, 29, to serve two years on house arrest, three years' probation, complete 500 hours of community service and get a psychiatric evaluation.

The crash killed Bryant Wilkins, 13, and his 3-year-old brother, Durontae Caldwell and injured their two siblings, Aquina Wilkins, 8, and her brother LaJuan Davis, 2.

The children's mother, Lisa Wilkins, said she believed race was a factor behind the judge's decision. Battles' ruling provoked strong criticism from nearly a dozen members of the Uhuru Movement who protested outside the courthouse Monday.

Incensed by the controversy over race and an editorial published in the Tampa Tribune, Cohen called a press conference Tuesday afternoon. The Tribune editorial accused Battles of coddling Porter, and said the judge "failed to deliver justice in its simplest form." Cohen called the editorial writer "irresponsible" and said the editorial skewed the facts of his client's case.

Cohen said he was sympathetic to Wilkins' loss and grief, but then raised questions about her decision to allow the children to go to the recreation center unescorted by an adult.

Wilkins' attorney, Tom Parnell, said he felt Porter's sentence was fair. He took issue, however, with Cohen's swipe at Wilkins' parenting skills.

"I think it's over and we need some balm," Parnell said. "If you're going to call for some healing and it's time to let things go, then why start pointing the finger at the mother?"

[Last modified November 8, 2005, 22:42:22]