A judge is standing by his decision to free suspended Palm Beach County Clerk Mike Caruso from jail as he awaits trial on charges of child sex abuse.
Circuit Judge James Craner denied prosecutors' request for reconsideration Monday, unmoved by arguments that he misjudged key evidence
during Caruso's detention hearing in August. Reached afterward, Caruso's attorney Jason Weiss called Craner's ruling "expected."A spokesperson for the Office of the Statewide Prosecutor did not return a request for comment.
Prosecutors say Caruso, accused of grooming and molesting an elementary-aged relative, poses too great a risk to be freed. During his August detention hearing, they pointed in part to the testimony of relatives who said he had a history of violence
and owned at least two assault rifles.
Caruso's attorney, Jason Weiss, said police removed all weapons from Caruso's home in the wake of his arrest. He also questioned the strength of the investigation, citing repeated and potentially leading interviews with Caruso's young accuser, inconsistent accounts and missing records from the cruise ship where prosecutors say Caruso abused the boy.
At the end of the hearing, Craner said he had "concerns" with the investigation and believed the evidence wasn't strong enough to keep Caruso in jail.
"Facts may develop over time," the judge said, "but at this time, I cannot say that there's a substantial probability that the defendant committed the offense or subject matter of this pretrial detention motion."
He set Caruso's bail at $160,000 and ordered him to stay out of Orange County, where his young accuser lives, except on days he's scheduled to appear in court.
Those conditions remain intact after the Oct. 19 ruling, but the fight is not over. Prosecutors have asked the Sixth District Court of Appeal to review Craner's August decision, adamant that the judge applied too high a standard when evaluating whether Caruso did what he's accused of.
They say Craner gave too much weight to perceived weaknesses in the case and overlooked testimony that corroborated the boy's account. This includes statements from relatives who described similar sexual misconduct by Caruso years earlier.
They also argue that no condition of release could prevent Caruso from trying to interfere with the case as it heads toward trial.
"He’s too intertwined with the community," the prosecutors wrote. "He has too many relationships of trust with individuals to be able to manipulate them and coerce them to affect the judicial process of this case."
The appeals court did not immediately rule.
Gov. Ron DeSantis suspended Caruso on Aug. 18 after his arrest on charges of kidnapping, molestation, lewd exhibition, child enticement and child abuse. Caruso has denied the allegations and remains on the ballot in the Nov. 3 election for a full four-year term as clerk and comptroller.
Hannah Phillips covers public safety and criminal justice at The Palm Beach Post. You can reach her at hphillips@pbpost.com.
This article originally appeared on Palm Beach Post: Prosecutors lose second bid to jail Mike Caruso on child abuse charges
