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New Trial Ordered For Therapist In Child Sex Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: February 6, 2009

A federal judge has granted a new trial for a 78-year-old mental health therapist who faced up to life in prison on a charge that he drove to the Tampa area to sexually and physically abuse two boys he thought would be made available by their father.

Charles Friedlander of Fort Myers was convicted in December in a case involving an undercover online sting by law enforcement. U.S. District Judge James D. Whittemore scheduled a new trial for March 23.
The prosecution said Friedlander began an online conversation with an undercover detective he thought shared his interest in sexual gratification through the sexual abuse and beating of young children. The detective posed as a father willing to allow Friedlander to abuse his sons, ages 10 and 11.

The defense maintained that Friedlander is "a 78-year-old lonely man whose only social life is on the Internet" and not a pedophile who attempted to sexually and physically abuse two boys.

Friedlander's attorney, George Tragos, filed the motion, citing a mistake by the prosecutor, who erroneously accused a defense expert witness of using an out-of-date reference book. That mistake dealt a "devastating blow" to the defense by discrediting an expert who said Friedlander was not a pedophile, Tragos maintained.

Whittemore granted the motion, saying the prosecutor should have known it was she _ not the defense expert _ who was using the wrong book, according to Tragos.

"It's rare that judges grant motions for new trials, Tragos said. "Obviously in this case the judge was concerned with what happened with the" reference book.

Asked for a comment, Steve Cole with the U.S. Attorney's office said, "The court commended our office for alerting it to the problem with the expert witness's testimony. It also commented that the evidence in this case was overwhelming and complimented Assistant United States Attorney Amanda Kaiser for her presentation."

Tragos told jurors in closing arguments that the defendant was merely fantasizing in his Internet conversations and had no intention of abusing any children.

"The Internet is the Wild West of the world," Tragos said. "You can be anybody you want to be because it's protected."

Assistant U.S. Attorney Amanda Kaiser said Friedlander was not just fantasizing.

"The evidence in this case is simply overwhelming," she said. She showed jurors items found in Friedlander's car when he was arrested, including a razor strap and a riding crop.

"It's not a fantasy when you talk about beating children and you drive all the way, hours, with the implements," Kaiser said. "He said he was going to bring them, and he did."

Reporter Elaine Silvestrini can be reached at (813) 259-7837

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