While additional experts could have been hired, none would have brought Dr. Lazoritz's unique qualifications to the case. Dr. Lazoritz not only testified before the court, but a copy of his report, which he prepared along with a second doctor, was also supplied to the judge.
Dr. Lazoritz summarized his finding by stating: "It is our opinion, with a reasonable degree of medical certainty, (M.M.) will suffer adverse psychological effects if a trial were to be held. (M.M.) is ill equipped to deal with the events of his abuse and finds it to be a form of torture to have to talk about it. Even in the best circumstances, there would be considerable trauma if (M.M.) had to be in the spotlight again."
At the hearing, Dr. Lazoritz testified that it would take six to eight years before M.M. would recover from this trauma. After the hearing, where testimony was offered, the court read from a prepared statement. What prompted the judge to have prepared remarks is not evident from any activity in the case. After the hearing the judge indicated that he would hold another hearing to announce his ruling. No hearing was held, but the judge issued a written order.
Different Opinion
Inconsistent with his previous statement, the judge dismissed Dr. Lazoritz's testimony, indicated other testimony was required, and rejected the plea agreement. The order indicated that Judge Stancil "does not believe that the witnesses in this case are different from most witnesses in any case."In that Judge Stancil has not met these witnesses, it is not clear on what this conclusion is based. Crime victims are not all alike. All have their own unique injury and their own unique vulnerabilities. The lawyers and doctors who have met these individual victims have a very different opinion from the court.
Victim's Privacy
The court's order also suggests the courtroom could be closed during the testimony of the victims. Even if this were done, as was testified at the hearing before Judge Stancil, that action would not alleviate the concern about protecting the victim's privacy.It is unlikely that a trial could be conducted without the names of the victims being mentioned in open court by some other witness. The court may be willing to risk the well being of the victims in this case in order to force it to trial. I am not.
Entitled to Protection
The Florida Constitution and Florida statutes make it clear that victims are entitled to protection and to have their wishes given consideration in all criminal cases. The victims have made it clear that they do not want to testify, and this position is both understandable and reasonable.When weighing the harm to the victims of being victimized once again by a public trial against the possibility of convicting Debra Lafave and having her sentenced to some prison term, in my opinion the harm to the victims outweighs all other considerations.
