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Kids' crimes test parents' ethics

Staff file image by KATE CALDWELL

Jennifer Porter's parents knew of the wreck that killed two children even before their daughter got home that night in 2004.

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By KEITH MORELLI

kmorelli@tampatrib.com

Published: October 15, 2009

TAMPA - Good parents take pride in nurturing their children and guiding them through tough times. Protecting them is also part of the mix, showing impressionable youths that the bonds between parent and child are among the strongest in nature.

But how far should a parent go to protect a child who runs afoul of the law?

Two local high-profile hit-and-run cases have brought the issue to the forefront: Jordan Valdez, eight months ago, and Jennifer Porter, five years ago. In each case, parents became aware that their child may have been involved in fatal hit-and-runs before any arrests were made.

Valdez's parents called police as soon as they learned of her possible involvement, even though it was hours after their damaged vehicle had been found by police and impounded.

The teen is set to be sentenced in November, and this week, her parents are showing continued support by sending e-mail letters to friends and acquaintances asking for their help in persuading the judge to sentence the teen as a juvenile and not as an adult.

Porter's parents knew of the fatal wreck even before their daughter got home that night in 2004. They eventually admitted to cleaning the damaged car the night of the crash and helping their daughter conceal her crime for almost a week before she finally stepped forward.

In such cases, parents surely are torn between loyalty to their children and obligation to society.

"The impulse to protect one's child is strong," said David Reitman, associate professor of psychology at Nova Southeastern University in Fort Lauderdale, but so is the obligation as a citizen to obey and comply with the law; to do what is right.

"Parents who say, 'You are responsible and you have to step up' are actively involved in trying to train their child morally," he said. "In short term, the child's reaction predictably would be, 'I hate you; I can't believe you did this to me.' In the long term, it conveys something else much larger. It says 'Nobody is above the law, including you; I love you, but you have to face up to your obligation.'"

There's a big difference between a child pilfering a piece of bubble gum from a convenience store shelf and a teenager running over someone and fleeing the scene. But it's those small lessons about the bubble gum that send the message of responsibility during the formative years that may keep a parent from having to make that big decision later.

"When the stakes are not so high," Reitman said, "it's a lot easier to teach this lesson."

Legally, there never has been a privilege of communication between parents and children as there is between husbands and wives, doctors and patients, or lawyers and clients; and since a law was enacted in 2006, parents can be charged with being an accessory if they impede investigations of their children, juvenile or adult.

Prior to 2006, parents - and any blood relation of a suspect - had immunity from prosecution in accessory-after-the-fact scenarios. They could be subpoenaed and compelled to give testimony, if prosecutors could elicit the statements, but they could not be charged with being an accessory if they helped cover up a crime committed by a blood relative.

The Jason A. Gucwa Act allows prosecutors to charge parents if they help hide or destroy evidence or assist in a getaway. The law is named after a 2003 Flagler County murder victim.

Parents are more likely to be involved when juveniles become suspects of crimes.

The parents of Valdez, 16, have hired attorneys of their own to protect their rights after their daughter was charged with a fatal hit-and-run in February. Police said the teen drove to her Davis Islands home and left her car on the street, where officers found it and impounded it. The next morning, Valdez's father called to report his car had been stolen. It wasn't until after he spoke to his daughter that he called police to say she had been involved in a hit-and-run the night before.

Prosecutors said Valdez's parents did all the right things, and charges against them are unlikely. Jordan Valdez was charged as an adult and has pleaded not guilty. She is scheduled for a change of plea and sentencing hearing Nov. 24.

In the mass e-mail to "Friends of Jordan," Robert and Kimberly Valdez this week urged people to write letters supporting their daughter.

"We, as her parents, understand the need for her to grow as a human being, learn from this experience and be punished for her actions," the letter said. "However, we do not agree that adult sanctions are appropriate for several reasons."

The point-by-point letter outlines reasons why Jordan Valdez should receive juvenile sanctions. It says that if she is sentenced as an adult, she would lose her Bright Futures scholarship and runs the risk of not being accepted at the state schools where she has applied.

The parents agree there should be punishment, including probation, loss of driver's license and "heavy community service hours." But those sanctions should be handed to Valdez as a juvenile, not an adult.

The parents of Jennifer Porter also sought to help their grown daughter who lived with them in 2004, when the Hillsborough County schoolteacher fatally struck two children and left the scene.

Porter's parents, James and Lillian, nearly ended up in jail when they refused to cooperate with investigators. One witness told authorities that Porter's mom drove the damaged car to the family home, where it sat for five days before her daughter came forward. Her father admitted to rinsing off the car.

Legally, the state can compel parents to testify against their criminally charged children, even if the children are juveniles. But that's always a tough call, prosecutors said. The risk is that such grilling could alienate a jury and make prosecutors look like bullies. More importantly, a parent may have a sudden change of heart on the witness stand and lie to save their child, risking the state's case altogether.

Prosecutors do go after parents who participate in crimes after the fact, they said. If a parent destroys evidence or helps a child avoid capture, accessory charges are a real possibility and it's a useful tool for prosecutors to gather evidence.

In some cases, parents are caught between. They cooperate with authorities, but still stand by their children.

In Orlando over the past year, the parents of Casey Anthony, the 22-year-old woman charged in the homicide of her 2-year-old daughter, Caylee, continue to publicly stand by their daughter, even though the defendant's mother suggested on a blog last year that her daughter "did something" to the child (she later rescinded the statement).

Prosecutors think the parents know nothing about the death of their granddaughter. It was Casey's mother who alerted police to the foul odor coming from the trunk of her daughter's car, sparking the homicide investigation.

Kim Seace spent more than a dozen years prosecuting criminal defendants in Hillsborough County. She was a prosecutor in the Porter case and now, as a defense lawyer, represents Jordan Valdez's mother, Kim.

The state's muscle is flexed sparingly, she said.

"We just don't have situations that come up that frequently on cases of that serious a nature where parents are involved," she said.

As a prosecutor, she said, "I probably did it on a half-dozen cases over my 16-year career."

For parents who learn that their child may be involved in a crime, she offered this advice:

"The best thing a parent can do if their child comes to them and expresses that they've committed some type of crime is to go seek legal counsel immediately for that child. Get an expert in criminal defense in that particular area to advise the child."

Hillsborough County sheriff's Capt. J.R. Burton said deputies always try to gain the trust of parents when investigating crimes involving juveniles.

"We try to build a rapport with parents on the front end," he said.

Seldom do deputies ask a judge to compel a parent to give testimony, he said.

"We always have to weigh the situation," he said. "Parents naturally want to help their children. Most aren't going to facilitate or cover up a crime.

"A majority of them parents bring the information to us," he said. "There are a lot of people out there who want to do the right thing."

Reporter Keith Morelli can be reached at (813) 259-7760.

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