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Lafave deal rejected in Marion

The ruling may jeopardize the former middle school teacher's plea deal on sex charges in Hillsborough.

By CANDACE RONDEAUX and CATHERINE E. SHOICHET
Published December 9, 2005

[AP photo]

Debra Lafave, center, leaves the Marion County Courthouse with her attorney, John Fitzgibbons, and her mother, Joyce Beasley, after a judge rejected the former teacher's plea deal on charges she had sex with a student.

Two weeks after the former Hillsborough teacher Debra Lafave avoided prison with a plea deal on charges she had sex with a 14-year-old student, an Ocala judge has put that agreement in jeopardy.

In a move that surprised many, Marion County Circuit Judge Hale R. Stancil Thursday said he wanted to hear more evidence before signing on to a plea agreement Lafave had reached with Hillsborough prosecutors. The deal, agreed to Nov. 22, gave Lafave house arrest and probation in exchange for pleading guilty to charges of lewd and lascivious battery. Hillsborough prosecutors said the deal would cover charges against the former Greco Middle School teacher in both Hillsborough and Marion counties.

But Stancil rejected it and set a trial date of April 10.

Both the male victim's mother and Lafave, 25, teared up when the judge announced his decision.

"Everyone wanted to wrap it up. We wanted to wrap it up, and the mom (of the victim) wanted to wrap it up," said Lafave's attorney, John Fitzgibbons.

The plea agreement Lafave thought would end her case came nearly 18 months after she was arrested in front of the boy's Temple Terrace home.

Under the deal, Hillsborough Circuit Judge Wayne Timmerman sentenced her to three years of house arrest and seven years of probation. Hillsborough prosecutor Michael Sinacore said then the deal would resolve the outstanding charges in Marion.

The victim's mother had said she did not want to put her son through the ordeal of a trial, adding that the media frenzy surrounding the case had been traumatic for her son. Reached by phone, the mother declined to comment Thursday.

Marion County prosecutor Stacy Youmans said the Hillsborough plea agreement was separate from a deal her office negotiated, but said the reasons for the agreement were the same. In Marion County, Lafave was accused of having sex with the boy in the back seat of a sport utility vehicle while his friend drove around.

"It has always been my position that Debra Lafave deserves prison time. That position changed once we were contacted by the victims and their families," Youmans said.

In the Marion case, Lafave was to plead guilty to two counts of lewd and lascivious battery and one count of lewd and lascivious exhibition.

But Thursday's ruling could cause the deal to collapse. If Stancil moves forward with a trial, Fitzgibbons said he may be forced to ask the Hillsborough court to withdraw Lafave's guilty plea and fight his client's battle on two fronts.

"If the plea deal doesn't hold in Marion County, then we're back to square one in Hillsborough," Fitzgibbons said.

Youmans said the judge expressed concern about several conditions of the Marion County plea agreement, but declined to give specifics.

If the case goes to trial, Lafave could face up to 45 years on the charges in Marion. If her plea is withdrawn in Hillsborough and she returns to court for trial, she could face an additional 30 years.

Her fate is in Stancil's hands. A Stetson University College of Law graduate, the 59-year-old judge is a 12-year veteran of the bench with a reputation for being tough on defendants.

Charles Holloman, who has tried cases before Stancil for 20 years, said he expected the judge to reject the plea agreement.

"If his ruling today was a surprise to anybody, then they were inexperienced or they were drunk," he said. "When I heard what this deal was, I said Hale's not going to take that. He's not going to put the judiciary in the position to take that kind of criticism."

Stancil realizes his responsibilities as a judge extends beyond victims' rights, according to Holloman.

"When you go before Judge Stancil, sometimes he will appear harsh. ... He is a man of mercy, but his mercy is tempered by his reason," he said. "He's not going to give you some sort of political milquetoast decision, even in a case where the victims might claim that's what they want."

Stancil said Thursday he was prepared to consider imposing a sentence on Lafave, but decided to wait to hear more from Fitzgibbons and Youmans.

"The judge in chambers indicated to the lawyers that he wanted some experts' reports on the impact that going to trial would have on the two young men involved here," Fitzgibbons said.

A pretrial hearing date has been set for Jan. 5 in Marion County.

Hillsborough State Attorney's Office spokeswoman Pam Bondi declined to comment on Stancil's decision.

Information from the Ocala Star-Banner was used in this report. Times staff writer Rebecca Catalanello and researcher Angie Drobnic Holan contributed to this report. Candace Rondeaux can be reached at 813 226-3337 or rondeaux@sptimes.com

[Last modified December 9, 2005, 01:38:10]