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Child's Well-Being Cited In Dropping Abuse Charge

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 29, 2007

TAMPA - The family of an 8-year-old girl who was molested on an airplane didn't want her to face the trauma of a second trial, a federal prosecutor told a judge this morning.

The family's desire not to put the child through having to testify was the reason the government decided to dismiss a charge against Ronald Evan Mays, said Assistant U.S. Attorney Amanda Kaiser.

Speaking outside the courtroom, Mays vehemently proclaimed his innocence. "I never touched anybody," he said, "and someday that'll come out."

Mays was convicted in February of abusive sexual contact with a child while on an airplane and obstruction of justice. But U.S. District Judge Steven D. Merryday later overturned the sexual contact conviction, saying he had been mistaken when he allowed the prosecution during the trial to introduce testimony that Mays had deleted child pornography from his computer.

The obstruction of justice charge remains in effect, and Mays is set to be sentenced in January. The charge relates to an allegation he obstructed an investigation by deleting child pornography on his computer. He was not charged with possessing the child pornography.

Merryday said he should have restricted the prosecution testimony to allegations Mays deleted files from his computer, without specifying they included child pornography.

Authorities alleged that Mays repeatedly touched the girl in a sexual manner aboard a Southwest Airlines flight from Tampa to Detroit on June 20, 2006. The child was traveling unaccompanied.

This morning, Mays' attorney, Frank Louderback, asked U.S. Magistrate Elizabeth Jenkins to change the conditions under which Mays is free on bail. Because Mays no longer is seeking the sexual contact charge, Louderback argued, he should not be subject to a curfew and electronic monitoring. The lawyer also asked the judge to lift Mays' house arrest, which allows him to leave his home only for specified reasons, including employment, education and court hearings.

Although Kaiser told Louderback she wouldn't object to Louderback's motion, she said this morning she had changed her mind. She noted that the child and two adult witnesses had testified during Mays' trial that he was the perpetrator.

Kaiser said investigators asked to search Mays' computers but that he refused to give them permission. The computers were owned by Mays' employer, and investigators obtained permission from the employer to search them, Kaiser said. The day the computers were to be searched, Mays ran a file-shredding program, she said.

Investigators found more than 623,000 files deleted on one computer and 983,000 on another. Among the files were images of child pornography, Kaiser said.

The judge sided with Kaiser, finding the conditions of Mays' release "reasonable and necessary."

Speaking outside the hearing, an agitated Mays said he "never, ever looked at child pornography in my life. They're talking about a total of 10 images in my laptop," he said. "I didn't put any of them in there."

Mays' was bitter about Kaiser's change of mind about his bail restrictions.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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