Fla. mom arrested for going after daughter's bully
Legal panel weighs in on the case
- Duration 6:21
- Date Jun 4, 2012
Legal panel weighs in on the case
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-- started back in session on the docket today mom verses bully at the mall.
A Florida woman arrested now on child abuse charges after surveillance video reportedly shows her grabbing and choking a fourteen year old boy.
But -- because -- Della.
Says she had very good reason for what she did.
She says the boy was a bully who had been writing disgusting and harassing comments about her young daughter on FaceBook.
And she says she tried to go through the proper proper channels contacting the school and even the police.
She says they did nothing and when she saw this boy at a local mall she let her emotions get the better of her.
Here she is a.
Good Morning America.
It's my daughter you know it's that the nasty things that he was saying about her.
-- Anderson by you guy came in.
Stay on TV because there's no longer.
They just say really I got me a lot of really really do that was when.
She was so upset.
About it is she just she didn't want you -- herself.
And and that to me as a parent seeing my daughter like that.
And really angered me.
The accused bully.
Called into a local radio show in -- -- and said that woman's daughter was the one who actually started the whole thing.
And provoked him first.
She called my governed by.
That before you call anybody I should look in the -- because there's just that's just not -- -- You get called blood and then I look at yourself in you you try to needed Jenny Craig.
Joining me now -- joining me now fox is that legal analyst Mercedes call one and mark -- gosh is a former prosecutor now defense attorney.
So listen we're all parents we can all relate to the urge to protect your child and I I can only imagine.
Having a child -- to the point where -- -- according to his mother -- was -- choosing to not hurting herself.
And the mother -- it thinks it is this boy's fault does that mitigate her behavior -- It's under the long.
Perhaps spoke with the jury I think so because it's -- -- ever -- jury nullification where the judge says this is what the lie is this what kept up all and that jury says no judge America under rule for my heart.
This is this case I mean here's -- boy who thinks so sanitized now but you look at what he posted on FaceBook he's sick she was so.
Flipping ugly thing he wouldn't even rape her and this is I'm I'm sanitizing -- more than that the viewers you can use your imagination what other disgusting things that he said.
And ending counter in the mall that mother -- confronted the fourteen year old and he says there's nothing you can do bad it -- better and of course should become the rage but.
If it all of that played out before the jury I think the jury's going to say I would do the exact same thing maybe -- -- Kendall law.
But it's something I would do mark the reason that the cops arrested her is because the alleged bullies mother some red marks on his -- she says that her son was choked with his backpack.
By this adults.
And she said that's it they -- come to me.
They should've raised it with us she claims that didn't happen the other side has a different story and she said you can't have an adult beating up on a fourteen year old boy no matter how ticked off at -- -- -- And I agree I agree both morally and legally I actually feel for her I'm a father of three.
And I don't know how I would feel I was in that situation about it probably want to wring that kid's neck.
But I would stop.
I've been practicing law here in Florida for over twenty years as a prosecutor and defense attorney.
And there is nothing in the statute that says there is any kind of legal defense to this type of violence.
If you really are offended by the words of someone else and in fact don't think it one step further to combine the trade not trade on -- scenario had this kid.
Pulled out his little pocket knife and I'm making up for purposes discussion that he got I'm making up in Boy Scouts and then stabbed her in the heart he would legally be justified.
So for her own protection the protection of others who might want to attack.
And for the protection of those in May soon -- victims because somebody is offended by what they write.
This cannot take place it doesn't look like there is a legal defense to it I think even Mercedes arguing.
They if they go to trial they they go for jury nullification they try to appeal to parents again in the jury.
Who are exacerbated -- -- -- it has -- well at the at the would lack of response according to that to the mother here.
By the police and by the school.
Nonetheless Mercedes listen to the bully.
Talking about me and now -- does -- say you know it was sort of defensive his comments but listen to what he says he went through at the hands of this mother.
Should -- and like the first -- during check and I had no idea -- going on and then everything I don't hate it.
-- hot topic logic I LA I was just like my ears start bringing.
-- I don't -- it but -- talk about -- this year.
I mean it's vigilante justice right sure.
I hate it and and I do I feel for this mother I found Carol but I certainly think that there's two sides of the story I -- the mother was very clear.
That she confronted this fourteen year old and keep -- that are is that there's nothing you can do and make me stop and I'm gonna continue to do it.
And that's not someone and it's really coming across as the victim that's like.
But even in a courtroom put him under -- tell tell us general exactly what happened and this story may change for -- fourteen and.
-- she says that the that the father of the of the alleged bully girl reached out to the kid as well to try to put a stop to it beforehand.
And was -- responded to with obscenities and Bulgari eighties.
Yes and you know what.
We can't sort out exactly what happened but it does it matter.
What Mercedes essentially saying is that will put jurors in the jury box and we'll tell them regardless of what the law is.
Put it aside and just cut her loose defense -- do -- -- that would be -- Big and -- I'm mark miscarriage of justice I know.
You cannot unless you reasonably fear death -- great -- -- take your hands and put it around somebody's neck I feel for this woman and this kid probably wasn't -- I get it.
But you legally cannot write it or not.
And the problem is the problem is once once we say you can do it.
It's gonna be happening more and more because unfortunately so many kids get bullied and so many kids are not responsive when someone tries to stop the bullying so.
You know unfortunately a lot of -- -- through what this girl went through and worse.
And yet you know.
Does very -- you can get a good debate thank you --