Lopez Defends Child Molester's Sentence

BOSTON -- A judge defended her controversial sentence of an admitted child molester as her misconduct hearing continued Monday.

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NewsCenter 5's Amalia Barreda reported that Judge Maria Lopez testified that the prosecution never presented evidence that Charles "Ebony" Horton was a dangerous pedophile. Lopez sentenced Horton to probation after he admitted holding a screwdriver to the neck of a boy after demanding oral sex from him.

Lopez said the District Attorney's Office fanned the flames of the public furor that erupted when she sentenced Horton to probation.

"I believe that's what the DA at the time is quoted as saying, that I had released a predatory pedophile," Lopez said.

Lopez has testified the sentence of probation was based on a licensed social worker's report presented by the defense that stated Horton was socially and emotionally immature but not a pedophile and not likely to reoffend.

Special prosecutor Paul Ware tried to discredit the report, saying that it was not from a board-certified psychologist. He also questioned the judge's finding that Horton suffered from a sexual identity disorder.

Lopez maintained that because Horton was transgendered and identified himself as a woman, that meant he had a sexual identity disorder.

Through her own attorney, Lopez further established that the prosecution never had Horton examined by its own medical experts and did not file anything to dispute the finding of the psychosocial report indicating Horton was mentally ill and suffering from a gender identity disorder.

Lopez is not undergoing the hearing because of the probation sentence, but rather because of her demeanor in the courtroom, when she ordered the prosecutor several times to sit down.

The hearing is in recess until next Monday, when one of the prosecutors in the Horton case is expected to take the stand.