Presentation to the Pinellas County School Board
October 24, 2006
By
Cathy Corry / JUSTICE4KIDS.ORG

This past spring, I requested that the Board members visit the Criminal Court Complex to observe juvenile delinquency court proceedings. Janet Clark went during the school summer vacation, so the detention and arraignment cases were not as school-related as you will see between now and next May.

When you attend, arrive early, at 7:45 a.m., and you will see children in handcuffs and leg restraints. Also, take the time to watch a juvenile delinquency trial for a school-related charge.

I observed the trial of an 11 year-old elementary school boy who was charged with battery in a school-related incident that involved a 5th grade girl who had a crush on this 5th grade boy. She accused him of inappropriate touching to her chest area over her shirt, which law enforcement called battery. This ‘offense’ was alleged to have occurred within six feet of the teacher and another adult who both testified they saw nothing, nor heard the girl call out for help, as the girl had proclaimed. At the trial, the boy was found ‘not guilty’ by a Pinellas juvenile judge. Just to give you an example of how a juvenile judge speaks to an 11 year-old child, here is what the judge said to the boy. Please imagine if an 11 year-old child would comprehend what this judge said to him.

This is the official court transcript excerpt, starting on page 68:

I’m going to read this in a similar barking style that the judge spoke.

THE COURT: Right now at your age, there isn’t a single thing you could agree or consent to by way of some serious sexual conduct that would not put an adult who’s involved in that situation at jeopardy of spending 25 minimum mandatory years in prison. That’s only because the Supreme Court does not let [us] execute people for that anymore. Sexual battery with a child under the age of 12 is a capital felony, son. And up until Ferman versus George in 1967, that we kill people for that, murder, and for having sexual conduct with children under 12. You’re in a different situation. This conduct is plain old inappropriate. I, from the facts, really don’t believe that or at least find that, it’s not proven beyond the exclusion of each and every reasonable doubt that the consent was implied or consent wasn’t clearly expressed to you. All right. But there is no doubt in my mind you understand that that’s wrong and it’s inappropriate; isn’t that so, son?

. . . . Boy, you better start finding that thin line between consent and someone arguing non-consent and the rest of those thin lines because you are delving into an area that you’re really not prepared to be involved in . . .

. . . I just want you to know, finding you not guilty here, doesn’t in any way, shape or form mean that I condone this conduct on anyone’s part.

- - end of excerpt of official court transcript

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