Woman in rape case can pursue records

By COLLEEN JENKINS
Published July 7, 2007

TAMPA - A woman who says police don't believe she was raped after the Gasparilla parade can continue her fight to gain access to investigative records for her case, a judge ruled Friday.

Hillsborough Circuit Judge James Barton denied the city's attempt to halt the records quest on the grounds that Tampa police are actively investigating the rape allegations.

Barton didn't rule on the case's disputed status. Instead, he ordered both sides to mediation.

"Hopefully, if there is an active investigation going on, it can result in the truth being uncovered," the judge said. "Which, I think, both sides want."

The woman's public records lawsuit, filed in March, is the latest chapter in a rape investigation atypical from the start.

On Jan. 27, the 21-year-old University of South Florida student reported being grabbed off Howard Avenue by a stranger and raped behind a building in broad daylight as she left the parade. But she spent two days in jail after police found a warrant for her arrest for failing to pay restitution for a juvenile crime.

The jailing halted the investigation and led to harsh criticism over the arrest of an apparent crime victim. Police officials and the mayor publicly apologized.

The St. Petersburg Times usually does not name sex crime victims. But Friday the woman agreed to appear on television news and to be identified by her first name, Becky.

Her attorney, Virlyn Moore III, said the police could not prove they were making a "good faith" effort to solve his client's case.

He said Detective M.D. Holder "reduced Becky to tears" in an interview on March 1, accusing her of falsely reporting the rape to make her friends feel guilty for not walking her to her car.

"She just outright accused me of lying and making the whole thing up," Becky said Friday. "She's ridiculous. ... I'd gain nothing from that."

Police spokeswoman Laura McElroy said the officer was trying to clear up inconsistencies in Becky's story when her attorney ended the interview.

Since then, Becky's refusal to cooperate has delayed efforts, McElroy said. "We are still looking for a potential rapist."

Times staff writer Abbie VanSickle contributed to this report. Colleen Jenkins can be reached at cjenkins@sptimes.com or 813 226-3337.

[Last modified July 6, 2007, 23:03:38]