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State Attorney To Appeal Sentence That Allows Sex Offender Doc To Remain Free
February 24, 2015
[Updated] An Escambia County doctor, Brian Mitchell Lee, was designated as a sex offender and sentenced Monday afternoon by Judge Terry Terrell to two years of community control and 13 years probation. The 43-year old was convicted of traveling to meet a minor to engage in sexual contact, unlawful use of a two-way communication device to facilitate the commission of a felony and using a computer to solicit the sexual conduct of a child.
Tuesday afternoon, State Attorney Bill Eddins announced the state will appeal the sentence.
“In this case, the statutory guideline recommended sentence called for a sentence of 45 months in State Prison. The Court deviated from this recommendation and imposed a sentence of two years community control followed by thirteen years of probation. In order for a Court to deviate below a guideline recommendation, the Court must give written reasons to justify such deviation. It is the position of the State in its appeal that the reasons given for the deviation are legally insufficient,” according to a statement released by Eddins’ office.
Evidence presented at trial established that on December 22, 2013, an undercover law enforcement officer responded to Lee’s Craigslist ad seeking sex from “younger fit men.” Between December 22, 2013 and January 2, 2014, Lee engaged in sexually-explicit email conversations with who he believed to be a 14-year-old boy. On January 2, 2014, Lee traveled to a local bowling alley for the purpose of engaging in sexual conduct with the teenage boy. Law enforcement arrested Lee upon his arrival. In addition, in an email admitted at trial, Lee wrote that he has “always been attracted to adolescent males”.
According to the sentence imposed by Terrell, Lee will be allowed to continue his medical practice at Perdido Bay Family Care, but won’t be allowed to treat any juvenile patients without another medical professional’s presence. He will also be required to seek treatment as a sex offender.
Comments
57 Responses to “State Attorney To Appeal Sentence That Allows Sex Offender Doc To Remain Free”
If his Craigslist ad was focused at looking for “younger fit men” and law enforcement solicited him via this ad as a fictional minor, isn’t this illegal law enforcement solicitation and enticement? Sure he should have immediately stated “No Way” once he knew it was a minor but a minor is not suppose to be on this adult website which really tells me that Escambia County law enforcement created this crime to arrest him. This is not good and probably the reason that the Judge went lighter on the sentencing.
I am just saying, who was his victim? It was a grown man pretending to be a 14 year old. If his victim was a 14 year old, then a long jail term is on order. I am just giving an opinion on why the judge probably backed off. If his ad say he was looking for a younger fit man and a18 – 25 year old responded, then no crime was committed. The LEO made up a scenario to see if he would bite if offered a younger teen and he did. So he will be punished, for a MD with a first offense, but not kept under state control and expense for the rest of his life. I think the judge is making the right call.
Hey John, sounds like you know an awful lot about meeting young men on line and are pretty sympathetic to this pedophile who targets children. Those “Lazy Cops” are saving dozens of children from being victimized by online predators. The times have changed, the technology has changed and those honorable officers had to change tactics in order to protect our kids.
CONSIDERING:
“Actually, you can….it was ruled constitutional in Bozza v. United States and United States v. DiFrancesco.”
You are right.
I was wrong.
I was just going with the actual wording of the Constitution, but it also grants ultimate interpretation of the meaning of those words to the Supreme Court and it/they has/have spoken.
(By the way, he will slip again most likely and that would be new sentencing for new crimes.)
David for truth
Hey John, this guy had posted a CL ad seeking sex from “younger fit men.”
The LEO’s responded.
That is way different then the LEO posting an ad to snare someone.
THIS IS DISGUSTING!! TO SAY THE LEAST.. I HOPE HE LOOSES HIS PRACTICE AND HIS MEDICAL LICENSE. ANYONE THAT WOULD CONTINUE TO SEE A PHYSICIAN THAT HAS OPENLY ADMITTED TO BEING ATTRACTED TO ADOLENCENT CHILDREN SHOULD BE REFERED TO A PSYCHIATRIST AND HAVE THEIR OWN HEAD CHECKED.. ANYONE THAT CONTINUES TO WORK FOR THIS PHYSICIAN SHOULD HAVE THEIR HEAD CHECKED AS WELL. THIS MAN NEEDS SERIOUS HELP!! I HOPE HE DOESN’T HAVE CHILDREN OF HIS OWN.. GOD KNOWS WHAT IS GOING ON IN HIS OWN BACKYARD….
Judges that approve will suffer with them, is what I meant to say, not the ones who disapprove.
There has to be specific mitigating circumstances for a judge to give a downward departure from the “recommended” guideline sentace based on points. Am i wrong ? And what could those circumstances be ? This isn’t stealing, this is weirdo stuff.
Hope Bill can do something with this. Folks ought to petition the medical board. It’s not just what he did, it’s what he said also. He won’t be able to stay away from young boys so we need to help him out a little.
He was charged with meeting an imaginary person. These fake victims who are lazy cops entrapping people by making up fantasy situations has gone way out of control. There is enough real pedophiles out there, why spend so much effort creating new ones by tempting people into bad situations?
>>>>”you can’t up the punishment after sentencing even if the sentence is senseless.”
Actually, you can….that’s exactly what the state attorney is trying to do.
I wouldn’t think you would want this to be a regular thing, but it was ruled constitutional in Bozza v. United States and United States v. DiFrancesco. Thanks to Google, not my great legal knowledge (because I thought the same thing).
REGARDING:
” Excuse me, but if you are on the political ballot you do have a political affiliation, and I’m sorry, but that affiliation tells me a lot about your character. ”
Actually, people are not required to join a political party to be on the ballot.
Informed voters should already know that, just as they should know you can’t up the punishment after sentencing even if the sentence is senseless.
David for better civics classes
I think jimmie is on to something.
Indeed Judge Terry Terrell should be investigated.
Such a lenient sentence might lead one to wonder why? Perhaps he likes the doctor in a perverted way? Or is overtly approving the doctors choices because, well, maybe you know………………
Either way, if this doc gets insufficient jail time, I will be in the right-of-way outside of this doctors office with a big honking sign.
<<>>
Area Resident,
What exactly does political affiliation tell you about a person’s character?
Way to man up Bill Eddins. Its about time someone in the system stood up for our rights as victims.
I called the contact number for a judge one time to get some answers so that I could vote intelligently. His wife told me that I didn’t need to know what his political affiliation was (Republican or Democrat). Excuse me, but if you are on the political ballot you do have a political affiliation, and I’m sorry, but that affiliation tells me a lot about your character. I want to know as much as possible about the person’s character that I am voting for or against. (BTW, because of her answer, he did not get my vote!)
Come on people. Remember, we have the “power of the pen” when we vote next time. Let’s do our best to keep the Florida panhandle from the liberals and their way of thinking.
It seems to me that “judge” Terrell needs to be evaluated by a mental specialist. He has to have a screw loose to allow this man (Lee) to walk and keep on seeing patients. The judge is as sick as the so called doctor. Remember Terrell at election time.
Tuesday afternoon, State Attorney Bill Eddins announced the state will appeal the sentence.
WAY to go Honorable Mr.. Eddins… This Judge has been anything BUT Honorable.
I think something STINK HERE????
HAVE TO ASK WHY????
WHAT ?? KEEP HIS PRACTICE &LICENSE? ? I WONDER IF THE JUDGE HAS CHILDREN? THIS MAKES ME SICK. NONE OF IT ,EVEN THE RECOMMENDED,IS NOT CLOSE TO JUSTICE.
The system doesn’t care about the people they care about money. They see this man has plenty of it and look at what he will pay for 2 years of house arrest and 13 years of probation. Same with DUI’s. $$$$ is what they see and its sad.
Everything about this is unbelievable. Disgusting. I can’t imagine anyone going to see this guy at Perdido Medical. I am very glad the State Attorney’s Office is appealing and come next election, this Judge should be ousted.
We the people should stand up together and protest this one!!!!
Thank you, State Attorney for making this appeal for justice. Nice to know that we can count on our government to make decisions based on what is in the best interest of the people.
Wow, someone with minor marijuana possession gets more prison time than this sick worthless waste of oxygen. It seems quite odd that a judge elected by the people would make such a career ending blunder. I hope Eddins wins the appeal and this sicko gets put behind bars where he belongs.
Next, an investigation would be prudent into the judge that awarded this pedophile his life back after agreeing to meet a child for sex. It is strange the judge would be so light on sentencing a predator like this.
He cannot be considered a pedophile Mark because a 14 year old is not a pre-pubescent child.
OK, we have welcomed adversity, same sex marriages, recreational drugs. What do you expect next. Not advocating anything different from my 1950’s childhood. Some where a line has to be drawn. Political correctness….sort of like my septic tank backing up.
Dear Judge… what if it was your kid this perv was after? BTW, folks, I’ve was a one time patient of this “professional”, and he’s so inept, he’ll not last long.
The Citizens of Escambia County should remember who this judge sides with when elections come around.
UNREAL!!!!!! If he only would have had a rolling paper or a small amount of marijuana on him when he went to meet the boy- probably would have gave him life for that!!!!! Spin it any way you want to money got him the sentence – just hope it gets over turned – A FREAKING WIERDO – PERIOD! needs to be locked up and never let out!!!!!!!!
There are those that are always calling for JUSTICE…, well folks this is what it is.
Honesty, integrity, professionalism, good name and what is represented by the courts and the convict is indicative of some of the problems we have in America today.
Given two years, calendar time, no one will remember who or what this was all about!
He’ll move to another state or “volunteer” to some charitable organization and be put on the back burner, so to speak.
Legal is not always right and certainly right is not always legal.
A crime is a crime, regardless.
Good for Bill Eddins! I hope he wins!
If you like your doctor, you can keep your doctor.
I can’t believe anyone who knows what he’s attempted and where his head is at would take their kid to see him. However you never know.
Why is he not being punished for being a PEDOPHILE??? Would it have been different if he had been meeting little girls? I don’t understand why there is NO PUNISHMENT!! Is it because he is a PROFESSIONAL EDUCATED PEDOPHILE?? This is ridiculous! People, please put this man out of business by NOT being his patient. I would cringe and probably throw up if he were to touch me in any capacity. And whoever the judge was in this case, needs to reprimanded big time, or perhaps he doesn’t have a problem with the doc seeing his grandchildren??
Sorry Chris, but homosexuality has nothing to do with consenting adults. It is the attraction to the same sex. It has nothing to do with age. His true “classification” should be a “pedophile homosexual”.
ellenb, what does homosexuality have to do with any of this? Homosexuality is between two CONSENTING ADULTS, not preying on the underage and innocent.
What ever judge gave him right’s to keep medical practice needs to be FIRED.
Where is the justice in this? Already a felon & yet not sent to jail????? They should be releasing all incarcerated convicted felons in possession of fire arms since the “good” doctor is still allowed to roam free with his smoking gun!
Name that judge and remember the name come elections. Not that they shouldn’t be removed before.
I can see it as a head line already:
“Children taken away by Department of Children and Families”
“Parents charged with willfully endangering their children by taking them to convicted doctor”
Justice?
Absolutely absurd!! Something smells rotten here!!
maybe he can open a clinic for perverts only.Seems to be a lot of those around to keep him in business.
Well, I guess if you need an exam with a little extra something, but then again he only likes children.
I am somewhat perplexed by this. I don’t feel he should be stripped of his right to practice medicine…..but I don’t think it is appropriate for him to see children. He appears to have a thing for young boys and I think this is highly inappropriate for him to be treating them medically whether there is another physician in the room or not. I would hope a parent would not subject their child to his medical practice. As an adult, we make decisions but I would think we would make the right decision to not let this man see our children. He must have had one heck of a great defense attorney.
Just this single posting of NorthEscambia contains reports of 4 individuals who are sex offenders.
Keep up the good reporting on these as without your information we would be much less aware of the dangers around us.
@ Why…..Exactly, heard Lee on tv last night say he was “attracted to adolescents” so how the heck can he still be permitted to continue medical practice?
If this guy was a teacher he’d be drawn and quartered even before the investigation was completed.
This is absurd!!!!!!! How can he be allowed to continue caring for families?!?!?!? Regardless of who he targeted, I’d not dare want to even see him! The system screwed up here! And the fact, even with another doctor present, that he is allowed to see juveniles is so ridiculous!!!!
Who in their right mind would go to this person for treatment?
Once again violent and sexual offenders get a slap on the wrist while nonviolent ones get the book thrown at them, sent away to prison to be treated like animals.
The Medical Board Good ol Boy Doctors sure have a hold on the authorities.
You can set up and be a fake doctor or attempt to have sex with underage people and still only get a slap on the hand.
Only in Florida!
These people can’t be rehabilitated. He got caught this time, just imagine how many time he offended and didn’t get caught. It doesn’t matter to me whether or not he’s a Doctor, he shouldn’t be allowed to continue a Practice where he’s going to be able to continue to enjoy his sick endeavors. I wouldn’t allow him to examine my dog.
this person was also found guilty in 2008 of 2 felony counts of a different type of crime,he received probation on these charges as well and curiously by the SAME judge (public records), perhaps the judge should be questioned……
Why he still allowed to practice in a “Family” practice? He went to meet a 14 year old boy! He should be in jail…how many times has he inappropriately thought or touched a patient of his….
This is exactly what is wrong with the system. I cant even begin to express my outrage because it will get blocked.
Unbelievable!! We really shouldn’t be shocked tho. Everyday a new atrocity is forced upon us, homosexuality deemed legal, child molesters walking away with barely a slap on the wrist, trollers operating legally under a professional license!!
People this society is going to hell in a hurry, get on your knees and pray!!
God bless you!!!
He continues medical practice and only gets probation and community control??? Isn’t this a felony? If not, then WHY NOT??????
Unbelievable
This is so Unbelievable, WOW.