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Felony Charges Challenged In Swim Team Voyeurism Case

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: November 15, 2007

TAMPA - A former girls swim coach at Tampa Preparatory School, who faces multiple charges that he secretly videotaped girls changing into their swimsuits, did not commit a felony, his attorney said Wednesday.

On Jan. 11, Kimberly Brabson III was charged with 11 misdemeanor charges of voyeurism after police found a videotape in his office. The tape showed nude images of as many as 50 girls as young as 11 years old. In February, after researching case law, prosecutors added 19 felony charges of promoting sexual performance by a child.

Brabson's attorney, Eddie Suarez, filed papers with Circuit Judge J. Rogers Padgett asking him to drop the felonies. To charge Brabson with the sexual performance charges, the videotape would have to show sexual conduct by the children, Suarez said. The tape does not.

Prosecutors filed papers saying they don't disagree with the facts as Suarez presented them, but their interpretation of the law is different. The tape does constitute sexual performance by a child because the girls' nudity was the central focus of the videotaping, their paperwork argues.

Padgett will decide today whether the felony charges stick.

If convicted on the felony charges, Brabson faces up to 15 years in prison per count. The misdemeanor charges are punishable by up to a year in jail on each count.

According to police and court documents, a female student complained to school officials in 2005 after Brabson, she said, asked her to try on a swimsuit in his office while he waited outside. Brabson said he was asking her to help "size" a suit. He later apologized to the girl. School officials told Brabson that only female swim coaches could size suits, and all changing of clothes had to take place in the locker room.

In November 2006, another female student told officials that Brabson had asked her to try on a suit. Brabson was suspended and told to seek counseling. School officials called police, who found the videotape in his office.

Brabson, 30, is free on $95,000 bail pending trial.

Tampa Prep is a nondenominational private school with students in grades six through 12.

Tom Carey, a local lawyer, has filed a lawsuit against Brabson and Tampa Prep. He represents five plaintiffs, including his two daughters, who he said were on the videotape. At least six other girls have filed similar lawsuits, Carey said.

Carey said he has read the case law and believes the prosecutors are correct charging Brabson with felonies.

Reporter Thomas W. Krause can be reached at (813)259-7698 or tkrause@tampatrib.com.

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