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Facing Up to 50 Years in Prison for Raping Autistic Girl, Sex Offender Gets Probation. Court Delays Release: He Has No Place To Live.

August 15, 2019 | FlaglerLive | 33 Comments

Sam Andolina, right, has had a difficult time finding a place to live where he would not be in violation of his sex offender probationary and designation status. He was in court today for his sentencing. He could have been released. He agreed to stay in jail. (© FlaglerLive)
Sam Andolina, right, has had a difficult time finding a place to live where he would not be in violation of his sex offender probationary and designation status. He was in court today for his sentencing. He could have been released. He agreed to stay in jail. (© FlaglerLive)

 

Aug. 15 update: Sam Andolina finally booked out of the Flagler County jail today (Aug. 15) at 1:23 p.m. to begin serving his probation on a conviction for molestation involving an underage autistic girl. Circuit Judge Terence Perkins was ready to sentence him to 10 years of probation two months ago–a surprisingly lenient sentence, compared to many harsher sentences involving similar circumstances–but Andolina voluntarily stayed at the county jail an extra two months. He urged his public defender, Bill Bookhammer, to ask the judge to let him stay at the jail because he did not have a place to live back then. If he had been released, Andolina feared he would have inevitably been in a position to violate his probation one way or the other. Perkins agreed to keep him in jail until he had found a place.

Andolina appeared in court a half dozen times since, but it was only on Wednesday that he could tell the judge that  he had secured a residence. Andolina will be allowed to return to Lee County for a day, an exception to his probation order, to pick up belongings. He is to serve his sex-offender probation in Flagler for the next 10 years. He has been fitted with a GPS ankle monitor. The previous story is below.

June 17–For sex offenders, a degree of confinement–and sometimes continued incarceration–doesn’t end when a jail term ends: state and local laws passed in the 1990s, restricting where sex offenders may or may not live, at times make it difficult for individuals to be safe from re-arrest anywhere but under bridge overpasses or, in the case of Palm Coast’s Sam Andolina, by remaining at the Flagler County jail.


Circuit Judge Terence Perkins, the prosecutor and the defense were all ready for Andolina’s sentencing this morning. But since Andolina was designated a sex offender, he is prohibited from living within 2,000 feet of any church, school, day care center, public park or other places where children gather. He’s been looking for a place to live for weeks from jail. He’s been unsuccessful. Today, Perkins, at Andolina’s own defense lawyer’s urging, agreed to delay the official sentencing so Andolina would not have to be released, thus giving him more time to look for a place. It is one of the more extreme local examples of the effect of residency restrictions on sex offenders, restrictions that have been shown not to be effective–or have the opposite of their intended effect.

Andolina’s offense is grave. He was arrested in 2018 on charges of raping and molesting a 13-year-old autistic girl, and charged with a first-degree and a second-degree felony. The girl he allegedly raped was the daughter of the woman to whom Andolina was engaged, and with whom he’d been living for five years. She had three daughters.

His arrest report describes a manipulative Andolina, 39, placing the girl at his sexual mercy and violating her in various ways. He allegedly did not use force. To keep the victim quiet, he told her that if she told, she’d be restricted from her iPad for up to 15 years. She in turn worried about telling on him because she did not want to mess up her mother’s marriage plans with Andolina. “If you want your mom and I to get married,” he’d told her, “you can’t tell her.” In explanations to the girl’s mother, blaming the girl for making sexual moves on him, a common tactic by sex offenders. In a deposition, the victim’s sister described her as “selfless, like, 100 percent selfless. Like, she’ll do–she’s a people-pleaser. Whatever it takes to make you happy.”

With the two charges combined, Andolina faced up to 50 years in prison. The case was moving to trial in May. On May 28, Andolina was scheduled for dociek sounding, the last step before trial. Instead, he pleaded: the sex-battery, or rape, charge, was dropped. He pleaded guilty to lewd and lascivious molestation on a victim younger than 16. He was still facing the potential of a 15-year prison term. Instead, the plea is for 10 years’ sex-offender probation, and a lifetime designation as a sex offender.

Restrictions would normally have included no access to the web. He is getting a dispensation: he may access the web for work purposes, though not for social media. Restrictions also usually include no contact with minors. He’s getting a dispensation on that as well so he can have supervised contact with two biological children.

That was to be Andolina’s sentence this morning when he stood before Perkins, his attorney, Bill Bookhammer, next to him.

“Mr. Andolina still does not have a residence, he’s been looking and looking and does not at this point have an address,” Bookhammer told the judge. Andolina has been at the Flagler County jail since mid-September, on no bond. “If he is to be released he would have no place to go. The local motel here in Bunnell no longer qualifies as acceptable housing because they put a local daycare nearby, so he has nowhere to go.” Bookhammer said it would be at least a few weeks before he could find a place (assuming no local property manager or Realtor volunteered a location).

Bookhammer gave the judge two options: Delay the sentencing, thus enabling Andolina to remain in jail but also setting a certain sentencing date, or sentence him and return him to jail anyway. “The second one creates an indefinite incarceration and that concerns me,” Bookhammer said, “because he could literally remain there for months and months and months.”

The judge was also concerned about that possibility. He told Andolina to keep looking, and to immediately inform the court the moment he finds a place. “We can literally bring you over the next day, enter the plea and go on from there,” Perkins told Andolina.

His next sentencing date was set for June 25, but would be cancelled if Andolina doesn’t have a place. “I want to keep it on a short leash just so we know we’re watching it,” the judge said.

At the time when Andolina’s ex-fiancee threw him out, he went to Cape Coral to live with his parents. It was there that he was arrested by Cape Coral police on Sept. 6, 2018, then extradited. But his probation terms require him to remain in Flagler, absent further court proceedings and formal permission to live elsewhere.

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Reader Interactions

Comments

  1. Eva says

    June 17, 2019 at 1:13 pm

    This disgusts me, probation for that offense?? What the heck!! What makes it unlikely that he won’t get out and repeat? Wow!!

  2. TheTruth says

    June 17, 2019 at 1:21 pm

    How about never releasing him. What he did to a Autistic Girl, he should never see the sun again. Wake up Flagler County get tough with these criminals.

  3. David S. says

    June 17, 2019 at 1:29 pm

    You have got to be joking. He needs to be put in prison for life……

  4. Heading North says

    June 17, 2019 at 1:37 pm

    PROBATION???????
    What in hell is wrong with the judicial system in Flagler County???
    I certainly hope the residents remember this come election time. Get rid of the State Attorney, and the judges!!!!
    Good Lord, probation for raping a disabled girl multiple times?????
    I’m amazed!!!

  5. Laurie says

    June 17, 2019 at 1:44 pm

    His parents live in Cape Coral, they can come pick him up, take him back to Cape Coral .

  6. Outside Looking Out says

    June 17, 2019 at 1:45 pm

    This is what we get from our “Justice System”?
    This animal threatens and rapes a disabled CHILD, faces 50 yrs and that charge is just dropped? just forgotten as if it didn’t happen?
    Lesser charges have this animal facing 15 yrs and that is lessened to PROBATION? This is disgusting. My opinion is he should have been taken out behind the jail and shot!
    How can this judge sleep at night? How can this judge face a mirror?
    This animal can’t find a home, what a pity. He would have had a home for 50 years if our justice system had done it’s job and put this POS where he belongs.

  7. capt says

    June 17, 2019 at 1:54 pm

    charges of raping and molesting a 13-year-old autistic girl, and charged with a first-degree and a second-degree felony. ” but they let him out on a plea deal.. What a BS Justice system. HE should have been sentenced for 15 – 20 no questions asked..

  8. LONG TIME LEO 💙💪🇺🇸 says

    June 17, 2019 at 2:28 pm

    Are You Kidding me ???? When it happens again it’s on The JUDGE !!! PRAYERS For The Little Girl, KARMA Will Come Around !!!

  9. LOCAL says

    June 17, 2019 at 2:47 pm

    THIS IS OUTRAGEOUS, PROBATION?!?! Who is the State Prosecutor on this case??? They should be fired! Shows just how flawed our justice system is. Sickening.

  10. David S. says

    June 17, 2019 at 3:49 pm

    Flagler County at it’s finest…..

  11. Out of Towner says

    June 17, 2019 at 4:21 pm

    The judge is also a disgrace……..everyone has rights but the victims. My heart is sick for that young girl.

  12. Agkistrodon says

    June 17, 2019 at 4:58 pm

    And he will do it again.

  13. ASF says

    June 17, 2019 at 5:20 pm

    The conditions of his release from the Cape Coral courts was to require that he live in Flagler County? What right do they have to impose such a dangerous sentence on the people of Flagler County? What about the victim’s rights? What about OUR rights?

  14. lou says

    June 17, 2019 at 6:24 pm

    If you disagree with the decision of Judge Perkins, next time he runs for re-election don’t vote for him.
    The headline should have publicized the Judge’s name for the purpose of accountability.

  15. Stretchem says

    June 17, 2019 at 6:33 pm

    Looking forward to the upcoming ballot:

    “Retain Judge Terence Perkins for another term?”

  16. Concerned Citizen says

    June 17, 2019 at 8:17 pm

    Words fail to describe how I feel about this one.

    Our justice system has failed us miserably. Our sitting judges,DA and SA are jokes. Why on earth did they plea? What reason could they have for letting this pedophile monster back out? Wek case? Botched investigation? Something doesn’t smell right about this.

    Plea bargains and probation are for first time offenders on non violent non drug related type charges. Serious crimes and repeat offenders should never get breaks. Do your damn jobs and put away these people.

    @ The sentencing judge

    As a prior Law Enforcement Officer I want to say this. You did the victim and her family a grave injustice. You’re showing more concern for this pedo than he ever did for his victim. You also showed that you have no regard for the community Mr. Pedo is being released to. How do you sleep at night?

    If his designation as a sex offender is prohibiting probation and release then that should be a cue. Re sentence this dude and put him away for good. Stop showing concern for the perps and start helping the victims.

    We will remember this at election time. We do have the power to see that some of you folks don’t get re elected.

    @ The State Attorneys Office

    You have the ability to rescind this sickening plea. Do the rght thing and rescind before next court dae. This pedo needs to go away for a long time.

  17. Amazed resident says

    June 17, 2019 at 11:34 pm

    Our justice system here in flagler county is a joke and disgrace! The innocent go to prison, and the guilty walk away free! This poor girl will be scared for life and no one in the system seems to care!! What a shame. Karma will get him sooner or later

  18. Hiyam Sofa King Tired says

    June 18, 2019 at 7:58 am

    I know my opinion on this will be viewed as extreme, but these pedophiles CANNOT be reformed. they will forever be attracted to children. He has proven he can’t be trusted to live among the normal humans. Why should we, the taxpayers, be forced to finance his life. I believe since he (and all others like him) should get 1 chance. That comes in the form of castration. Not chemical, that requires them to regularly take medicine (that we pay for) to keep their urges at bay. I’m talking lop off the twig and berries. The appropriate sentence for this piece of crap would be this: Build a little shed out of scrap trash wood like pallets. Inside there is a vice. Clamp the “offending organ” in the vice. Give Mr. Crapulous a dull serrated knife. Set the building on fire. He gets to make the choice to saw off his weapon or perish. Either way its doing society a favor. He really shouldn’t be allowed to live, but I’d be willing to give him a chance under these circumstances.

  19. Surfgirl says

    June 18, 2019 at 8:12 am

    How in the world is this a just punishment? What moronic judge let this sick disgusting excuse for a man walk back into society? Lowest of the lows to prey on an incapacitated child. Makes me sick.

  20. Agkistrodon says

    June 18, 2019 at 9:11 am

    Perhaps he just needs to be able to vote………………also a ride to the polls. Also someone to tell him when he needs to vote……..

  21. Dawn Smith says

    June 18, 2019 at 6:14 pm

    Homeless?? Prison sounds like a good place 3 meals a day, and a bed to sleep on. Think about the victim, now she has to go through life having been traumatized..

  22. This judge needs to go now...injustice system says

    June 19, 2019 at 12:53 am

    He took a plea. An admission of guilt…no way should this guy be released. What he did to the child and her family, they will be dealing with way longer than 10 to 15 years. This guy should be serving the maximum sentence. He groomed the children and family, he knew what he was doing, he admitted guilt, he’s a violent predator. Do you have any idea what this poor family is going to go through STILL? Even if they get counseling? How are they going to trust people? They’re being re-violated by our “justice” system. What message are you sending to other offenders? Have a free pass? The first one doesn’t count? I am so disgusted that they are releasing him. Why does the criminal who admitted guilt have more rights than the victim and their family? Obviously the judge or anyone associated with this case has never had to endure this kind of hell. While I’d never wish that on anyone, looks like we need new judges who actually care about our kids and our future. Bye Felicia.

  23. Trailer Bob says

    June 19, 2019 at 10:16 am

    Like…What do I say on this one???
    People who get caught growing a pot plant on their own private property get jail, buth the sick child rapist gets nothing? I am amazed at the light sentences ( if sentenced at all) the disgusting criminals get in this county.

    IF I ever get arrested in this county for any crime, I will just ask the judge to sentence me as if I ONLY committed sexual assault on a minor…No problem..right?

  24. tulip says

    August 15, 2019 at 5:01 pm

    I would like to see that judged forced to be publicly accountable and explain why he gave the sentence he did.

    I don’t understand the way some of our judges think. Then we have Fruehan who will get off with probation after years of being abusive to patients. This world is going bad.

  25. Mary Fusco says

    August 15, 2019 at 6:49 pm

    @This judge needs to go, I agree this is not right. However, the protector of our children are their parents, not judges or anyone else. Why do these women continue to bring these freaks into their home to have access to their children? This is where the problem is, long before it gets to the courts. These freaks are grooming women who they know have children. And, desperate women fall hook, line and sinker.

  26. CB from PC says

    August 15, 2019 at 9:06 pm

    I second Stretchem as to how to vote next election.
    May Judge Perkins next “Bench” be in a Park outside of Flagler.

  27. Nameless says

    August 15, 2019 at 11:49 pm

    And I got probation for a DUI, why not get me a $500 gift card to wherever for not having more alcohol in my system as a reward!!??

  28. Willy Boy says

    August 16, 2019 at 2:12 am

    “… said Mr. Bumble, ‘the law is an ass, an idiot.” “The first thing we do, let’s kill all the lawyers.” – Dick the Butcher.

  29. Backwardsness says

    August 16, 2019 at 4:09 pm

    Should have thrown a joint in his pocket, he would have received 20yrs in prison easy!!!

  30. SG says

    August 16, 2019 at 7:43 pm

    This again was another justice failure. Very disappointed, this girl deserved better :( It is clear by his actions, that he is a sexual predator, he will most likely re-offend, and it will be Flagler County Officials who should be blamed.

  31. Mart says

    August 18, 2019 at 7:37 am

    So, if I don’t have a place to live I can just go to the jail??? He either should have been let out. It is the perps problem to get housing. We as taxpayers should not be subsidizing the housing needs of these creeps.

  32. A.J. says

    August 24, 2019 at 1:22 pm

    Do wrong u get little to no punishment. White people have made in the shade. Molest a girl and get away with it. I feel sorry for the family. The court system just slap them in the face and give the criminal a tap on the back and say we are behind u. What a messed up system we have. I say often and I will say again, the laws were made by white men for white men. Crazy justice system these crazy white men are running. God help the rest of us.

  33. A.J. says

    August 24, 2019 at 1:31 pm

    Do wrong u get little to no punishment. White people have made in the shade. Molest a girl and get away with it. I feel sorry for the family. The court system just slap them in the face and give the criminal a tap on the back and say we are behind u. What a messed up system we have. I say often and I will say again, the laws were made by white men for white men. Crazy justice system these crazy white men are running. God help the rest of us. We know something about the system, catch a murderer let him out , he kills again. The system is for the criminals not the victims. Should I say the system is for the white criminals not the victims.

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