GUILTY FL - Boy in a Box abuse trial - Parents, Timothy & Tracy Ferriter Arrested, Jupiter, Feb 2022

[Jurisprudence]

I am eagerly anticipating the judge’s sentencing comments! I hope he lays it into him before giving him the maximum sentence! Just for the audacity of taking this to trial and feeling justified in his abuse, he deserves the max!

That's a perfect way to sum this up - he feels justified in his abuse.

Tragic.

jmo

 

[Jurisprudence]

Anther woman told police there is a “creepy” room in the garage at the previous Ferriter residence.

The current owner said the room was removed because it could only be locked from outside and believed the room was made to keep someone inside of it.

[snipped by me]

They left the AZ prison in-tact? What did they tell the realtor? (I know, it's an (illegal) office? That might present a problem. Maybe they told them it was storage.)

If there are AZ witnesses maybe there can be AZ charges, especially if they have documentary/photographic evidence and especially if that contractor comes forward. Hmmmm

jmo

 

[Jurisprudence]

Then, When he commits an infraction, we hear his "Dad" threaten to take away school and replace it with homeschooling in his cell - thus taking away any form of communication this child has with the outside world, and put him it complete solitary confinement all day, every day - as if this kid's life isn't bad enough already. The "Dad" clearly knows what this means to the child.

[snipped by me]

Agree with everything but this part of your post really bothered me too. The kids only respite from solitary confinement was school - and TF used it as a weapon, psychological torture. I am so thankful this man didn't take a plea and at the same time, kinda pissed off he was ever even offered one.

jmo

 

[RickshawFan]

I am eagerly anticipating the judge’s sentencing comments! I hope he lays it into him before giving him the maximum sentence! Just for the audacity of taking this to trial and feeling justified in his abuse, he deserves the max!

It's not looking good that he turned down the 2 years deal. Is the judge allowed to take that kind of arrogance into account when he weighs sentencing? I mean, the arrogance and lack of remorse.

 

[Jurisprudence]

Speculation/MOO

It looks like yes, in non-capital cases where there is no analysis of aggravating or mitigating factors which may justify an upward (or downward) departure from the sentencing guidelines. DAVIS vs. STATE OF FLORIDA, SC19-716

According to the case above and other cited materials in here, the sentencing guidelines give a range for sentencing and a judge is permitted by virtue of the conviction alone to impose the max. The judge does not have to justify that he has passed a higher or lower sentence as based on remorse or lack of remorse. So imo, yes Judge Coates can consider it.

Under Florida’s Criminal Punishment Code, aggravated child abuse is a Level 9 offense (page 54) so if there's a sentence range of *48 months minimum, 30 years maximum, this case seems to indicate that the judge is permitted to hand down a sentence anywhere within those guidelines. But, I don't think it's as simple as this. That's only one offense - 92 points. If he's convicted on all counts there is a worksheet to complete to get his total offense points.

At least this is how I understand it on a VERY quick read.

jmo

* See note (2): When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.

 

[Jurisprudence]

I'm still very curious where this child was for 3 days. News reports have him missing on Friday and the parents reported him missing that same day (so at least that's good). But, where was he? In the woods? On the street? At a friend's and if so, did he tell that friend or parent anything (doesn't seem so or he would have been with police long before Monday). I realize it's not relevant but it is extremely curious. I can't even imagine what his punishment would have been had he gone home without the police ever intervening.

jmo

 

[RickshawFan]

Speculation/MOO

It looks like yes, in non-capital cases where there is no analysis of aggravating or mitigating factors which may justify an upward (or downward) departure from the sentencing guidelines. DAVIS vs. STATE OF FLORIDA, SC19-716

According to the case above and other cited materials in here, the sentencing guidelines give a range for sentencing and a judge is permitted by virtue of the conviction alone to impose the max. The judge does not have to justify that he has passed a higher or lower sentence as based on remorse or lack of remorse. So imo, yes Judge Coates can consider it.

Under Florida’s Criminal Punishment Code, aggravated child abuse is a Level 9 offense (page 54) so if there's a sentence range of *48 months minimum, 30 years maximum, this case seems to indicate that the judge is permitted to hand down a sentence anywhere within those guidelines. But, I don't think it's as simple as this. That's only one offense - 92 points. If he's convicted on all counts there is a worksheet to complete to get his total offense points.

At least this is how I understand it on a VERY quick read.

jmo

* See note (2): When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.

So, there would be a low minimum, but the max would be the same, namely up to 30 years?

There is still an aggravating clause in the jury instructions. The clause that was eliminated had to do with physical damage. And there were additional offenses IIRC. For instance, there's a "neglect" offense.

 

[RickshawFan]

I'm still very curious where this child was for 3 days. News reports have him missing on Friday and the parents reported him missing that same day (so at least that's good). But, where was he? In the woods? On the street? At a friend's and if so, did he tell that friend or parent anything (doesn't seem so or he would have been with police long before Monday). I realize it's not relevant but it is extremely curious. I can't even imagine what his punishment would have been had he gone home without the police ever intervening.

jmo

I wonder where he escaped from? School? The box?

The parents didn't remotely care that he had gone missing, and continued with their plans, including attending children's soccer games. They never called for follow up with LE. They just plain left him off their radar. This was in the detective evidence.

He probably wasn't allowed friends. Maybe he slept in someone's shed.

 

[Rolypolyoly]

That's a perfect way to sum this up - he feels justified in his abuse.

Tragic.

jmo

I can't wait to see his face when the jury set that belief straight for him!

 

[RickshawFan]

Speculation/MOO

It looks like yes, in non-capital cases where there is no analysis of aggravating or mitigating factors which may justify an upward (or downward) departure from the sentencing guidelines. DAVIS vs. STATE OF FLORIDA, SC19-716

According to the case above and other cited materials in here, the sentencing guidelines give a range for sentencing and a judge is permitted by virtue of the conviction alone to impose the max. The judge does not have to justify that he has passed a higher or lower sentence as based on remorse or lack of remorse. So imo, yes Judge Coates can consider it.

Under Florida’s Criminal Punishment Code, aggravated child abuse is a Level 9 offense (page 54) so if there's a sentence range of *48 months minimum, 30 years maximum, this case seems to indicate that the judge is permitted to hand down a sentence anywhere within those guidelines. But, I don't think it's as simple as this. That's only one offense - 92 points. If he's convicted on all counts there is a worksheet to complete to get his total offense points.

At least this is how I understand it on a VERY quick read.

jmo

* See note (2): When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.

All of a sudden, I got clear about the term “offense” in your post, which I was confusing with “charge”. You mean he had no history, e.g. he hadn’t been convicted of child abuse before?

 

[arielilane]

I'm still very curious where this child was for 3 days. News reports have him missing on Friday and the parents reported him missing that same day (so at least that's good). But, where was he? In the woods? On the street? At a friend's and if so, did he tell that friend or parent anything (doesn't seem so or he would have been with police long before Monday). I realize it's not relevant but it is extremely curious. I can't even imagine what his punishment would have been had he gone home without the police ever intervening.

jmo

I recall another article (unable to locate) stating also that he stayed at a friend's home.

From the article:

For instance, the boy told police he ran away and hid under a bridge with a homeless man, when in fact, he slept at a friend’s house and earlier in the day, stole money from a woman’s handbag at church.

Boy in the Box case trial set to begin Friday

Mon, September 25th 2023, 5:00 AM EDT

 

[arielilane]

State rests case in 'Boy in the Box' trial after hours of video evidence

Fri, October 6th 2023, 4:29 PM EDT

 

[Teche]

I don't like that a priest is sitting behind the defendant. It's as though the church condones whatever Tim was doing.

The judge looks so upset at points while watching the videos. I thought he was going to cry.

I felt the same about the priest.

 

[RickshawFan]

I recall another article (unable to locate) stating also that he stayed at a friend's home.

From the article:

For instance, the boy told police he ran away and hid under a bridge with a homeless man, when in fact, he slept at a friend’s house and earlier in the day, stole money from a woman’s handbag at church.

Boy in the Box case trial set to begin Friday

Mon, September 25th 2023, 5:00 AM EDT

"In fact" is problematic. It's difficult to know who is believable.

As for the RAD, the prosecution expert made clear that the way the parents treated RF would have escalated it. He said it can be treated, and often abates, but it takes a loving environment. What the Ferriters did is the exact opposite of what would work. Also, they never got help for RF.

 

[arielilane]

"In fact" is problematic. It's difficult to know who is believable.

As for the RAD, the prosecution expert made clear that the way the parents treated RF would have escalated it. He said it can be treated, and often abates, but it takes a loving environment. What the Ferriters did is the exact opposite of what would work. Also, they never got help for RF.

I hope the jury is aware that child abuse may cause a child to be rebellious and/or/both defiant behavior, it's not just RAD. The child is trying to survive, he's alone. The monstrous parents are responsible. Imo. amateur opinion.

 

[RickshawFan]

I hope the jury is aware that child abuse may cause a child to be rebellious and/or/both defiant behavior, it's not just RAD. The child is trying to survive, he's alone. The monstrous parents are responsible. Imo. amateur opinion.

IMO the prosecution expert made this clear, but I also have faith that at least some jury members will recognize this from experience and will bring it up.

 

[Snoopster]

This case is breaking my heart.
Do I think this kid did some terrible things? Yes.
Do I think he was looking for attention? Yes.
Do I think he ever got loving caring and attention? No.
Do I think this exacerbated his negative behavior? Yes.

I have no doubt this kid was a handful. But I also believe that his parents abandoned him in terms of emotional support. They thought that locking him up and yelling at him would set him straight. They didn't actually care enough to figure out what the real problem was.

 

[ConcernedVA]

Well if the spelling with the "a" goes back that far then the spelling change he made is definitely weird. It's not a recent spelling 'mistake'.

More evidence for the "thinks he is smart" theory I have going. Instead of just accepting the now normal, American version of the family name, airs are put on and "corrections" are made.

 

[megs1477]

[snipped by me]

They left the AZ prison in-tact? What did they tell the realtor? (I know, it's an (illegal) office? That might present a problem. Maybe they told them it was storage.)

If there are AZ witnesses maybe there can be AZ charges, especially if they have documentary/photographic evidence and especially if that contractor comes forward. Hmmmm

jmo

It is discussed in the arrest affidavit. A neighbor? is quoted as saying there was a “creepy” room in the garage that the new owners tore out. JPD later made contact with the new owners who confirmed it. They said the realtor touted it as a ‘bonus room.’ I hope they at least reversed the door handles back.

Speculation/MOO

It looks like yes, in non-capital cases where there is no analysis of aggravating or mitigating factors which may justify an upward (or downward) departure from the sentencing guidelines. DAVIS vs. STATE OF FLORIDA, SC19-716

According to the case above and other cited materials in here, the sentencing guidelines give a range for sentencing and a judge is permitted by virtue of the conviction alone to impose the max. The judge does not have to justify that he has passed a higher or lower sentence as based on remorse or lack of remorse. So imo, yes Judge Coates can consider it.

Under Florida’s Criminal Punishment Code, aggravated child abuse is a Level 9 offense (page 54) so if there's a sentence range of *48 months minimum, 30 years maximum, this case seems to indicate that the judge is permitted to hand down a sentence anywhere within those guidelines. But, I don't think it's as simple as this. That's only one offense - 92 points. If he's convicted on all counts there is a worksheet to complete to get his total offense points.

At least this is how I understand it on a VERY quick read.

jmo

* See note (2): When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.

After the State rested Friday, Defense moved for dismissal. There was a lengthy discussion about the Aggravated Child Abuse charge and the ‘great bodily harm’ requirement not being met since it must be a physical injury not mental. Ms. Brown indicated they were downgrading to Child Abuse. The penalty for that charge is up to five years.

 

[Jurisprudence]

All of a sudden, I got clear about the term “offense” in your post, which I was confusing with “charge”. You mean he had no history, e.g. he hadn’t been convicted of child abuse before?

Opinion only:
I thought your question about considering remorse in sentencing was really interesting so I looked out of my own curiosity. If you look at the dissenting opinions in that (linked) case above (one starting p. 28, the other starting p. 45) the dissenting judges (disagreeing with the court's ruling) say lack of remorse should never be considered in sentencing because in their opinion, to do so violates the Florida constitution. A defendant who pleads not guilty has a constitutional right to maintain that innocence through sentencing and the appeals process, so you can't penalize him or her for it. I thought that was an interesting argument.

The offense reference came from me looking at your remorse question, actually. I wondered if the judge is permitted to consider remorse in sentencing, and has ability to sentence anywhere in the range for this non-capital offense what might that look like? A quick glance at the state's sentencing guidelines, assuming the links are current, looks like the state assigns a number to a criminal offense, tallies the counts up on the worksheet, and arrive at the sentencing guideline range. So (example and speculation only) if a defendant is charged with 3 counts, each count being a level 9 offense, when I looked at this worksheet I noticed that for the primary offense the full amount of points is tallied (92), then it looks like for the secondary offense that same offense level gets tallied a bit lower (48) x # of counts for that (level offense), then other things can be added victim injury, prior criminal history, and so on. Now (in this sentencing context) what the prosecutor and court were discussing about lesser included offenses as we watched on Friday makes sense to me, particularly when the state indicated at the start of that argument that it tracked the language of the jury instructions not the statute.

All jmo