Friday, January 09, 2009

Teacher Sex Scandal Update: Judge Allows Use Of Recording - Stephanie Ragusa

You remember Stephanie Ragusa, don't you? She's the Florida teacher who was out on bail for having sex with an underage boy when she was--alleged--caught AGAIN at the kid's house having sex with him again. Cops took her mug shot each time, and every time she was smiling, as if this was all some big joke. (On us, maybe?) Here's the story of her fourth arrest and the, uh, exclusive mug shot Dumbass Daily got its hands on.
Well, she was back in court this week, still smiling, and still getting deeper in trouble. Seems her lawyer wanted the judge to throw out a key piece of evidence, a tape recording between Ragusa and her alleged victim where she pretty much admits she knew having sex with the boy was illegal and she'd go to jail if she got caught. here's more from Tampa Bay Online:

A judge on Thursday decided to allow prosecutors to use a taped conversation between a former teacher and a teenager she is accused of molesting.

Stephanie Ragusa, 29, is being held on charges she molested two boys. Investigators recorded a 17-minute phone conversation between her and one of the boys, who told deputies he was 14 when he had sex with his teacher.

In the conversation, Ragusa says she doesn't want to end up wearing an orange jumpsuit and that she knows the relationship is illegal. She also tries to define the legal term "statute of limitations."

Ragusa's attorney, Robert A. Herce, asked Judge J. Rogers Padgett to prevent prosecutors from using the recording as evidence at trial. Herce argued that the recording was not legal because law enforcement officers were not present.

Attorneys said investigators were present when the teen placed a call to Ragusa and left a message for her to call him back. The investigators waited for about an hour and then left after giving the equipment to the boy and his father with instructions on how to use it and what to say. They retrieved the recording the next morning.
Herce argued that Florida law, which once required such recordings to be made "under color of law," now requires that they be done "under the direction of law enforcement," which Herce argued means officers must be present. He said this was different from "at the direction" of law enforcement, which was the previous requirement.

Assistant Hillsborough County State Attorney Rita Peters said courts repeatedly have ruled that investigators are not required to be present for such recordings.

After listening to the detailed arguments, the judge dismissed Herce's motion.

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