Court Grants A Clean Slate

December 22, 2000|By JON BURSTEIN Staff Writer

B. Brian Wiita didn't want people to know about the 15-year-old babysitter who accused him of sexually attacking her a decade ago.

A quiet plea deal and a $250,000 secret settlement with the girl secured the Palm Beach County businessman's record -- until three years ago when his name appeared on the Internet as a sex offender. That was when he decided he would rather face a jury than be stuck with a label that would brand him for life.

And after two years of courtroom battles, Wiita was assured Thursday morning that he wouldn't be listed as a sex offender with a plea deal that could leave him with a clean criminal record.

Prosecutor Andrew Slater said the victim, now 25, wanted the State Attorney's Office to bring the case to an end.

"She's an adult with children, and she wants this out of her life," Slater told Palm Beach County Circuit Judge Hubert Lindsey.

Wiita, 41, pleaded guilty to a misdemeanor battery charge. If he successfully completes three months' probation, the entire criminal case will be erased from his record.

Wiita wasn't in court Thursday and didn't need to be because he only faced a misdemeanor charge.

Under the deal, Wiita cannot discuss the case with anyone but his attorneys or say anything negative about the victim.

The shroud of silence in the criminal case mirrors that of a July civil settlement reached between Wiita and the victim. They had entered into an earlier $250,000 confidential agreement in October 1996, but the victim ended up suing Wiita in December 1998 after he allegedly stopped making payments.

Richard Lubin, Wiita's criminal attorney, said he also is forbidden from talking about the case.

The victim alleged that Wiita attacked her on Dec. 29, 1990, after he came back to his North Palm Beach home following a night out with his wife, according to police reports.

After the incident, she said Wiita apologized and told her that "it would be their little secret," police reports state.

Wiita pleaded guilty in June 1991 to lewd assault and sexual activity with a child. The charges were not to be on his criminal record. In return, he was sentenced to at least seven years probation.

He quietly served his probation until the 1997 Sexual Predator Act took effect and his name was posted as a sex offender on the Florida Department of Law Enforcement's Web site.

North Palm Beach police saw the listing and told Wiita they would be going door to door dropping off fliers notifying his neighbors that he was a sex offender. Wiita quickly moved out of his house and asked a Palm Beach County judge to toss out his prior plea deal.

Circuit Judge Harold Cohen agreed to let Wiita withdraw his plea deal in June 1998, only 13 days before Wiita could have completed his probation. The 4th District Court of Appeal later upheld Cohen's decision.

Wiita has said that the only reason he agreed to plead guilty in 1991 was to protect his pregnant wife from the embarrassment and stress of a trial. His wife had already suffered four miscarriages, and he didn't want to endanger a fifth pregnancy.

Jon Burstein can be reached at jbursteinsun-sentinel.com or 561-832-2895.

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