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Lafave House Arrest To Be Cut If She Stays Crime-Free

Tribune photo by JAY NOLAN

In the terms of Debra Lafave's original deal with prosecutors, inked on Nov. 22, 2005, she was to serve three years of house arrest then seven years of probation.

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: April 8, 2008

Updated: 04/08/2008 12:36 pm

TAMPA – Teacher turned sex offender Debra Lafave, 27, asked Circuit Judge J. Rogers Padgett today whether she may leave house arrest early, commuting her final months to probation.

If she can make it until July 11 without committing a crime or a violation of her house arrest terms, Padgett said, she may start probation.

Lafave's attorney said he did not know why the judge picked the July 11 date but said he and Lafave are "very satisfied."

"It will give her an opportunity to resume her life," Fitzgibbons said.

Lafave offered few words for media questions, simply expressing her happiness with the judge's decision before hurrying from the courthouse.

In the terms of Lafave's original deal with prosecutors, inked on Nov. 22, 2005, she was to serve three years of house arrest then seven years of probation. If she completed the first two years without incident, she could ask to serve the last year of house arrest on probation.

During this morning's hearing, Assistant State Attorney Mike Sinacore said probation officials, prosecutors and the 14-year-old victim's mother object to Lafave's early release from house arrest.

"She breached the trust of every parent who sends their kids to school," Sinacore said.

Lafave, Sinacore said, got a tremendous break when she agreed to plead guilty. Guidelines upon a conviction could have sent her to prison for 30 years.

The only reason for the original deal, Sinacore said, was that the extreme level of media coverage caused the victim's family to back out of a trial. The teenager's mother wanted to spare him the difficulties of testifying.

Fitzgibbons said Lafave had a psychiatric condition that went back several years before the incident. He was prepared to go to trial with doctors testifying about her bipolar disorder and how it affected her judgment.

Had they gone to trial, Fitzgibbons said, they would have had a good possibility of winning.

Fitzgibbons gave two letters to the judge. One was from a woman who runs a sex-offender treatment program. She said Lafave had attended 99 sessions as of March. The second letter was from Lafave's psychiatrist. Both wrote that they had no problems with Lafave leaving house arrest early, Fitzgibbons said.

All her community service is complete and all her fines are paid, Fitzgibbons said.

"I've often heard it said that if someone completes the first two years of her community control, they are a rarity," Fitzgibbons said. "You know how stringent these requirements are."

He said Lafave has done remarkably well.

Fitzgibbons pointed out that Lafave would remain on sex-offender probation, a strict program.

"She's going to be punished, your honor, for a very long time," he said. "She's not going to be fading into the sunset. The Department of Corrections is still going to be supervising her very closely."

If the judge had denied Lafave's request, she would have remained on house arrest until Nov. 22.

Lafave, a former English teacher at Greco Middle School, was arrested in June 2004 after a 14-year-old boy's mother called police to report that Lafave was having sex with him.

In a plea deal with prosecutors, Lafave and her victim's family agreed that she would serve house arrest and probation. The first two years of house arrest were completed without incident -- almost.

Last year, shortly before her second year was finished, Lafave was arrested for having inappropriate conversations with a 17-year-old girl at a restaurant where they both worked.

In March, Padgett determined the conversations were a violation but were not "willful." She was not punished.

Lafave's attorney argued that the conversations were common workplace discussions and were age-appropriate.

HOUSE ARREST VERSUS PROBATION

On house arrest, Debra Lafave can go to the grocery store on a set schedule, attend religious services, leave her house to complete her community service hours and work or go to school. She also can ask for permission in advance for doctor's appointments and meetings with her lawyer. She must wear an electronic monitor and attend therapy sessions.

On sex-offender probation, Lafave will not need a set schedule to leave her house and will not have to wear the electronic monitor. She still must attend her therapy sessions and meet regularly with a probation officer. She will have to maintain a curfew of 10 a.m. to 6 a.m. and keep a driving log. She cannot live within 1,000 feet of a school, day care center, park, playground or other area where children may congregate. She cannot work or volunteer at any establishment frequented by minors. She cannot possess any pornography and must take a polygraph test at least once per year.

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

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