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Pickets Protest Release Of Sex Offender On Bail

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By MARK DOUGLAS

mdouglas@wfla.com

Published: March 28, 2009

TAMPA - With chants of "No justice in Tampa," Johnnie Compton and about a dozen like-minded supporters picketed the Hillsborough County Courthouse on Friday over a judge's decision to release a sex offender on bail pending his appeal.

"That's insane; that's outrageous," Compton said. "This judge needs to put an ankle bracelet not only around his ankle but around his neck. They need to know where this guy goes day and night."

Richard Martin Chotiner, 48, was convicted this month of lewd and lascivious battery on a 23-year-old mentally challenged man he met at Adventure Island two years ago.

Hillsborough Circuit Judge J. Rogers Padgett sentenced Chotiner to 15 years in prison but released the licensed practical nurse on $50,000 bail while he appeals.

"I believe this is a very big mistake in judgment by Judge Padgett," said Compton, who called for the judge to step down.

After retiring from the bench, Padgett is serving as a senior judge.

This week, Fox News Channel talk show host Bill O'Reilly fueled anger over Chotiner's case by sending a producer to dog Padgett for answers.

On O'Reilly's show, a video showed the producer pursuing the judge out of a convenience store and demanding that he answer questions about the case. The producer jammed his foot in the door of the judge's car when Padgett tried to leave after referring the producer to court records for answers.

Under Florida law, sitting judges are not allowed to discuss pending cases.

The victim's mother also has expressed anger at Padgett's decision.

But Tampa defense lawyer John Campbell said he's familiar with the Chotiner case and defended the judge's actions.

"As a matter of law, Judge Padgett had no choice," said Campbell, who has been appearing in front of the judge for more than 30 years. "He made the right legal decision."

Unless someone proved Chotiner is a flight risk, he was entitled to be released on bail pending his appeal. To hold him would have violated his constitutional rights, Campbell said.

"Judge Padgett did what he had to do," he said.

Campbell said he sympathized with the protesters but insisted Padgett is not soft on criminals.

"I don't blame these people for being upset," he said. "I would like to see that gentleman locked up as well, but the law doesn't allow for it."

News Channel 8 reporter Mark Douglas can be reached at (727) 536-9603.

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