Does Aaron Mohanlal Serve As An Example of A Break Down In The System?

Sometimes, the system breaks down. Don't get me wrong, for over 200 years our system of justice has demonstrated it is second to none. But every once in a while, something just does not seem right. For example, Aaron Mohanlal, a South Florida middle school art teacher, apparently forced a boy to have sex in a classroom supply closet, yet he has not had any prison time. (Mohanlal is out on bond.)

Allegedly, Aaron Mohanlal would allegedly sometimes take the seventh grade boy to his home for sex. To keep the boy quiet, Mohanlal supposedly bought the 13-year-old a cell phone. When the teacher was arrested, hidden video allegedly shows the teacher attempting to destroy threatening letters. A Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery. Mohanlal was sentenced him to 43 years. Nevertheless, a year later, Mohanlal is still out on bond while his case is on appeal pursuant to the order of Broward Circuit Judge Marc Gold.

According to CNN, while out of jail on bond Mohanlal has been allowed to work a construction job. (He resigned from teaching in 2005 after his arrest. ) While Mohanlal's address is on the state's sex offender registry, that is little counselation to the victim and his family.
Mohanlal's appellate attorney is Tom Odom. His client currently enjoys the right to live, work, travel and attend church in South Florida. Mohanlal only restrictions appear to be a GPS device, registration as a sex offender and the surrendering of his passport. Mohanlal also cannot contact the boy or his family. Mohanlal posted $610,000 bond according to legal documents.

Post-conviction bonds are rare. However, they are sometimes granted if there was a procedural error during trial. No such procedural errors are known, but anything is possible. In the absence of a conviction for murder or sexual battery, Florida defendants without prior felonies are eligible for post-conviction bond. It just is very rare that it be granted without a suspected procedural error. (Mohanal was convicted of second- and third-degree felonies.)

Does it seem like a break down in the system? Yes. He has already been convicted. Barring a procedural error likely to warrant reversal, Mohanlal ought to be a guest of the Florida penal system in our view.

Update 7-25-08: Think Legal Pub is not well read? Guess again. One can't help that between CNN and Legal Pub, the word of justice gets out. Yesterday, the Broward County prosecutor filed a motion to reconsider the $610,000 bond. If granted, Mohanlal will be brought back into custody.