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Ex-DCF Official Seen As Risk, Denied Bail

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: February 13, 2008

TAMPA It came down to a matter of trust.

A federal magistrate Tuesday denied bail for former Department of Children & Families spokesman Al Zimmerman.

Zimmerman was arrested Monday on a federal charge of producing child pornography. On Feb. 1, he was arrested on state charges of sexual performance by a child. DCF fired him after his first arrest.

Prosecutors said he met at least one of his teenage victims through his job and he used that position to entice troubled teenage boys with alcohol and money.

The mission statement of DCF, Magistrate Mark Pizzo said, is to protect the vulnerable.

"The bail format is reduced to one word — trust," Pizzo said in court Tuesday. The risks Zimmerman took through his profession show a lack of trust, Pizzo said.

Prosecutors also contend Zimmerman asked DCF colleague and sex partner Michael Hernandez to get rid of evidence by throwing away his home computer and wiping clean his laptop. Hernandez was fired along with Zimmerman, DCF officials said.

Ties To The Community

In an attempt to persuade Pizzo to grant bail, Zimmerman's lawyer, Brian Albritton, said Zimmerman has strong ties to the community. He also said Zimmerman had no problems appearing in court during previous criminal proceedings.

Zimmerman had three previous arrests on charges of writing bad checks and one previous charge of driving under the influence. His lawyer said Zimmerman was convicted on the DUI charge, but the check charges were all dismissed.

Pizzo, however, corrected Albritton. He said Zimmerman was citied three times for failing to appear in court on the previous charges and still has an outstanding warrant in Texas from one of the bad check charges.

Pizzo said, by law, bail has two purposes: to make sure the defendant shows up for court and to ensure the defendant will not commit another crime if released before the trial. He said he can take into account the nature of the charges and he does not take the production of child pornography lightly.

Throughout the proceeding, Zimmerman paid close attention, often holding his chin in his hand. He expressed little emotion.

Albritton called Zimmerman's mother to the witness stand to help prove that Zimmerman has strong ties to the community and was not a flight risk.

Marilyn Zimmerman testified that she has lived in Lakeland for more than 45 years. Her children were born and raised there.

Zimmerman is exceptionally close to his family, she testified. Even when living in Tallahassee and working for DCF, he would call home every night or two to check in.

Al Zimmerman has lived with them since his Feb. 1 arrest. In that case, he was released on $120,000 bail.

Marilyn Zimmerman testified that she and her husband secured the bail with their house and were willing to do so again. They said they hoped he could continue to live with them while he awaits trial.

"He has already helped us out a great deal," she said. "We enjoy having him there."

Assistant U.S. Attorney Colleen Murphy-Davis called to the witness stand an investigator for the Florida Attorney General's Office. Michael Baute testified that Zimmerman has made attempts to destroy evidence.

Before authorities could serve a search warrant on Zimmerman's Tallahassee home, Zimmerman realized that he was under investigation.

Evidence Destroyed

Baute testified that Zimmerman called a DCF technology worker, Hernandez, and asked him to go to his home, take his home computer and destroy it. He also asked Hernandez to wipe clean the hard drive on his DCF-issued computer, Baute testified; he told him it was because authorities were looking for child pornography.

Baute testified that Hernandez was a co-worker and friend of Zimmerman's who had become his lover.

Two days after Hernandez discarded Zimmerman's home computer in a dentist's office trash bin, Zimmerman asked him to go by his home to see whether law enforcement was there. Baute testified that when Hernandez pulled into the driveway, an officer followed him. Hernandez was on the phone with Zimmerman at the time and warned him about the officer, Baute said.

Hernandez, Baute testified, showed authorities the trash bin but it had already been emptied.

Current DCF spokeswoman Erin Geraghty said Hernandez had worked for DCF since 2001, when he was still in high school. He had passed a background check.

Federal prosecutors have 30 days to bring Zimmerman before a grand jury for possible indictment. They would have 70 days after an indictment to bring him to trial, unless he waives his right to a speedy trial.

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

Federal prosecutors have30 days to bring Zimmerman before a grand jury for possible indictment.

Editor's note: Earlier versions of this article gave an incorrect first name for Marilyn Zimmerman.

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

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