By Chuck Strouse
By Scott Fishman
By Terrence McCoy
By Ryan Yousefi
By Ciara LaVelle, Kat Bein, Carolina Del Busto, and Liz Tracy
By Pepe Billete
By Ryan Yousefi
By Kyle Swenson
The second contact the defendant had with the victim was a few days later. Mrs. Velma Kelly reported to him that the victim stole a necklace.
The third contact the defendant had with the victim was on the date of the incident. On that date she made three separate trips to his office. The first time was at approximately 7:45 in the morning. The victim needed the defendant's assistance in getting her cap and gown for graduation. She was unable to get them because her passing credits had not been approved. The defendant told the victim she was in danger of failing twelfth grade. He told her to see her counselor and report back to him.
The victim returned to the defendant's office at 9:30 in the morning. They discussed her status. The defendant again told her to return with additional information.
The victim returned to the defendant's office for a third and final time, shortly after 1:00 p.m. During this visit, the door to his office was partially open. She was in his office for approximately twenty minutes. In addition, Mrs. Black and Mrs. Kelly were eating lunch right outside of his office. He and the victim straightened out the issue of her graduation. The victim left his office shortly before sixth period. He denied sending for the victim via a hand written note to Ms. Chappie.
The defendant attempted to locate the victim during her sixth period class because she left some papers in his office. He discovered she skipped her sixth period class. The defendant saw the victim the next morning when she came to his office to pick up her papers. He denied making any statements to her.
The defendant told Detective Canedy that on an unknown date in April 1996, he received a telephone call from the victim's father. The victim's father said he was sorry the victim was causing problems for the defendant. He said he was tricked into doing the interview for A Current Affair. He also said he does not want the victim to cooperate with the police investigation.
The defendant agreed to take a polygraph examination. The test was administered by Polygrapher Robert Gately of the Metro-Dade Police Department. The defendant failed the examination.
The victim was not examined at the Rape Treatment Center as she is sexually active.
It is the opinion of this Assistant State Attorney that criminal charges should not be filed in this case for the following reasons:
1. The victim's statements are contradicted by the statements of Mrs. Black and Mrs. Kelly.
2. There is no physical evidence to support the allegation.
3. The defendant denied the allegation.
4. A possible motive for fabrication exists.
In light of the above facts and circumstances, the State would be unable to prove this allegation beyond a reasonable doubt.