Officials say teen rape suspects' release was by the book

Public outcry has swirled around a judge's decision to release four teens accused of raping a 13-year-old boy to their parents, but authorities say the release was in accordance with the law.

The teens were released by Hillsborough Circuit Judge Christopher Sabella on May 7, a day after their arrest. They are now under electronic monitoring.

But even though the allegations against them are serious, the teens did not meet the legal criteria outlined in state statutes that would have kept them in a juvenile facility for at least 21 days, officials say.

"I understand the public reaction ... but there's almost no legal basis to detain them, unless they're charged as adults," said John Skye, a spokesman for the Public Defender's Office, which is representing two of the youths.

The Hillsborough County Sheriff's Office on May 6 charged Walker Middle School students Lee Louis Myers, 14, Raymond Price-Murray, 14, Randall John Moye, 14, and Diemante Roberts, 15, with sexual battery and false imprisonment.

The four are accused of raping a 13-year-old flag-football teammate in a school locker room April 30 using a broom handle and a hockey stick.

The boys have not returned to school since their arrest while the district determines where to place them, officials said.

Private attorneys for the other two boys could not be reached today. Neither could the boys' families or the family of the 13-year-old.

Sebella, citing judicial rules of conduct, declined to comment on the detention hearing. Assistant State Attorney Pam Bondi also declined to comment on the hearing but has said prosecutors intend to charge the four as adults.

State statutes prohibit a youth from being held under secure or home detention for longer than 24 hours without a court order. Each youth arrested undergoes a risk assessment by the state Department of Juvenile Justice where he or she is assigned points based on several factors.

These include prior criminal history, including failing to appear in court, probation, being wanted by another jurisdiction, or having a history of abuse or neglect. The current charges also are weighed by severity, with capital offenses, violent offenses, drug- or weapon-related offenses or domestic violence considered the most serious.

Youths can be held overnight at a secure facility with a score of 12 or higher but still must appear before a judge at a detention hearing the following day to determine whether they will remain in that facility, be assigned to home detention or be released altogether, juvenile justice officials said.

Prosecutors and defense attorneys argue their positions at the hearing, much like at a bail hearing for an adult.

State Department of Juvenile Justice statistics for fiscal year 2006 to 2007 show that the most common length of stay in secure detention is two days. About 30 percent of youth held in detention are released within two days; about 53 percent are released within seven days, these statistics show.

Skye did not attend the detention hearing for the boys but said to his understanding, none of them has a serious prior criminal history and each of their homes is stable, two factors that would have contributed placing them on home detention.

The boys likely would have been ordered to have no contact with the 13-year-old, he said.

Richard Rolfes, chairman of the Hillsborough County Juvenile Justice Board, said secure detention would be considered if the boys had a history of trouble with the law.

"I was a little surprised they got out," said Rolfes, given the nature of the charges and the public outcry.

However, "If they're on house arrest with a monitor, where are they going to go? Everyone knows where they are," he said. "If the state attorney is going to charge them as adults, they'll be arrested again."