TBO.com - TBO is Tampa Bay Online

Swim Coach Can Be Tried

ADVERTISEMENT

The Tampa Tribune

Published: December 25, 2008

TAMPA - A Hillsborough County circuit judge was wrong in dismissing 19 felony charges against former Tampa Preparatory School swim coach Kimberly Brabson III, and the case can be tried, a state appeals panel ruled Wednesday.

A three-judge panel of the 3rd Circuit Court of Appeal ruled a jury - not Judge J. Rogers Padgett - should have decided whether secretly filming female swimmers changing clothes was promoting a sexual performance by a child. Padgett dismissed the charges in November 2007.
Padgett ruled that in charging someone with promoting a sexual performance, the evidence must show sexual conduct, but the 3rd Circuit panel said the conduct could be implied by the way Babson positioned the camera to focus on the area below the girls' waists.

The opinion states Brabson approached numerous members of the girls swim team and asked them to try on swimsuits in his office under the pretext of placing orders for team wear. The girls never knew, the court says, that Brabson had set up a video camera to record them as they changed clothing.

Tom Brennan

Share this:

Loading Comments...

Email Print

ADVERTISEMENT