Judge tosses charge of sex abuse on plane

The passenger was accused of molesting a girl, 8.

By KEVIN GRAHAM, Times Staff Writer
Published October 16, 2007

TAMPA - A federal judge Monday dismissed a sexual abuse charge against a Palm Harbor businessman accused of molesting an 8-year-old girl on an airplane.

A jury found Ronald Mays guilty in February of abusive sexual contact with a child while on an aircraft. But in June, U.S. District Judge Steven D. Merryday ordered a new trial. The judge said he should have excluded prosecutors' allegations that Mays tried to destroy child pornography stored on his personal computer.

Merryday said the information may have influenced the jury's decision to find Mays guilty on the sexual abuse charge, which federal prosecutors filed a motion to dismiss last week.

Frank Louderback, Mays' attorney, said he doubted there would be a second trial because the judge took issue with the prosecution's evidence.

"I didn't really have the impression the government wanted to retry it," Louderback said.

A superseding indictment also charged Mays, 47, with assault on an aircraft. The jury found him guilty, but the conviction was overturned and prosecutors dismissed the charge.

The only charge against Mays not overturned or dismissed was a guilty verdict on obstruction of justice. Merryday will sentence Mays for that on Jan. 7.

Louderback was unsure how much time Mays may face in prison. New guidelines for a punishment must be calculated now that two of the charges are dismissed.

With the sexual abuse conviction overturned and the charge dropped, Mays won't have to face registering as a sex offender, Louderback said.

The girl's grandparents filed the complaint against Mays after he sat next to the child on a June 20, 2006, Southwest Airlines flight from Tampa to Detroit.

The girl testified Mays put his hand on her leg. She told jurors that the man reached across her to touch the plane's window and placed his forearm against her chest. She said he touched his pants often throughout the flight.

Mays remains free on bail. In court papers filed Monday, Louderback asked the judge to lift an 11 p.m. curfew and a requirement that Mays have an electronic monitoring device.

Kevin Graham can be reached at kgraham@sptimes.com or 813 226-3433.

[Last modified October 16, 2007, 00:02:48]