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Teacher’s Lawyer Argues Sex Texts Illegally Obtained
Posted on Oct 28, 2009
Stephanie Ragusa, 30, a former teacher at Davidsen Middle School, has been accused of having sex with two male students and was charged with lewd and lascivious battery and unlawful sexual activity with a minor. Ragusa has been in jail 548 waiting for trial.
Ragusa’s attorney, Robert Herce, is now moving to exclude incriminating evidence on the grounds that it was illegally obtained. The evidence at issue are hundreds of steamy text messages exchanged between Ragusa and one of the students. For example, Ragusa writes, “The sex was amazing,” to which the student replies, “YES I KNOW!”
The Hillsborough County Sheriff’s Office received the court’s permission to obtain over two weeks worth of Ragusa’s cell phone records. Herce claims that Florida law requires a search warrant, not simply a court order, to release stored text messages.
Hillsborough County Circuit Judge Wayne Timmerman is scheduled to rule on this issue on December 10.
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