TAMPA -- A federal judge today ordered that home detention and electronic monitoring remain for a man accused of inappropriately touching a young girl on an airplane, even though the charge against him has been dropped.
U.S. Magistrate Judge Elizabeth A. Jenkins said Ronald Mays and his alleged victim both live in Pinellas County, geographically close enough that the judge was unwilling to grant his request to remove his curfew and home detention restrictions before his sentencing in January.
Mays, a Palm Harbor businessman, was found guilty in February of abusive sexual contact with a child while on an aircraft. But in June, U.S. District Judge Steven D. Merryday ordered a new trial. The judge said he should not have allowed prosecutors to discuss allegations that Mays tried to destroy child pornography stored on his computer.
"I've never ever looked at child pornography in my life," Mays said today after court.
He also maintains that he never touched the 8-year-old girl who accused him of placing his forearm against her chest during a Southwest Airlines flight on June 20, 2006.
"I never touched anybody," Mays said, "and some day it will come out."
Frank Louderback, Mays' attorney, argued that the Adam Walsh Child Protection and Safety Act no longer applied to Mays because the charge had been dropped. Therefore, Louderback said, certain mandatory bail restrictions that the judge imposed should be lifted.
The Adam Walsh Act, signed by President Bush in 2006, strengthened federal penalties for crimes against children, including imposing mandatory punishments.
Earlier this month, Merryday dismissed the sexual abuse charge against Mays at the government's request. A conviction for assault on an aircraft also was overturned and the charge dropped.
Assistant U.S. Attorney Amanda Kaiser said today that the girl's family didn't want to put her through another trial.
Mays still faces sentencing on Jan. 7 for the one conviction that remains from his trial -- a guilty verdict on obstruction of justice.
Kaiser had initially agreed to amend the conditions of Mays' release. But Kaiser told the judge that she changed her mind.
"I hadn't really analyzed the issue or the position fully, and I probably should have told Mr. Louderback I would get back to him," Kaiser said in court.
"I'm disappointed of course," Mays said. "For her to agree to them and then not to agree to them."
Jenkins said the conditions she imposed on Mays in November 2006 were "not the most restrictive type."
They include:
-An electronic monitoring device.
-A curfew that requires him to be home between 11 p.m. and 6 a.m.
-No Internet use except for business purposes.
-Home detention.
"I'm very disappointed that I've got to spend another Christmas inside my house," Mays said.
-Kevin Graham, Times staff writer