Friday, May 07, 2021

No Criminal Liability For School Principal Melissa Carter

CLEWISTON, FL. -- A memo Friday afternoon from Deputy Chief Assistant State Attorney Abraham R. Thomburg indicates a review of the case against Clewiston Central Elementary school principal Melissa Carter and a staff member found no crime was committed. 

Carter was shown in a social media video paddling a first grade student while the student's mother watched, and at the same time making a secret video of the incident on April 13. Staff member Cecilia Self was also present and acted as a translator for the student's mother.

The student was being disciplined for intentionally damaging a piece of computer equipment.

The mother's attorney Brent Probinsky said he believed the incident amounted to both child abuse and aggravated battery, according to the memo.

According to the memo, parent Fabiola Rivera was called by the school and advised she would be charged for the damage to the computer equipment. During the call Rivera claimed the daughter was also damaging things at home and Rivera was afraid to discipline the child by spanking because the daughter threatened to call the police and DCF. 

The mother requested the school spank the child for her and she would come to the school to request the discipline and be present for it.

The video was  recorded without knowledge of any other parties in the room and showed clearly Ms. Carter explaining to the child what was to occur and why. 

At no time, the memo continues did Ms. Rivera raise any objection to what is taking place. She said "thank you" to Ms. Carter and Ms. Self as she left the office.  

The memo says the video released to the media was edited, resulting in an incomplete and misleading account of the incident to the public.

The memo concludes that parent's have the right to use corporal punishment to discipline children and a right to consent that others do so on their behalf. Florida law says spanking does not amount to child abuse.

Attorney Thomburg adds he only reviewed potential criminal liability, and no policy, procedural, or civil issues were addressed in his memo.

Click to read State Attorney Memo

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