Why won't Debra LaFave Serve Jail Time?

This is a partial transcript from "Hannity & Colmes," November 22, 2005, that has been edited for clarity.

SEAN HANNITY, CO-HOST: Former schoolteacher Debra Lafave pleaded guilty today to repeatedly having sex with a 14-year-old boy in a classroom and at her home. The 25-year-old will serve three years of house arrest, followed by seven years of probation. She'll have to register as a sex offender and she cannot have any contact with children, including the victim.

The victim's mother spoke anonymously to FOX affiliate WTBT and explained the decision for a plea bargain.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: There comes a point that I really had to weigh out what my son was going through and how long this would continue, especially with the intense media circus, with all of the media attention that was going to be more so than ever.

And my son is doing wonderful. He's very strong young man. But every time all of the media would get going again, obviously, the kids at school, you know, it's a distraction.

(END VIDEO CLIP)

HANNITY: Joining us now, Florida prosecutor Pam Bondi, and defense attorney Anne Bremner is with us tonight.

Pam, look, I understand the mom's decision. In this case, it's a high-profile case. Her kid is going to have to testify. I understand it, but is this the best deal they could have gotten? No jail time at all? Is that the best they could do under these circumstances?

PAM BONDI, FLORIDA PROSECUTOR: You know, Sean, we felt it was, and I agree with you, she should be in prison. We always thought she should be in prison, but we respect the mother's wishes in this case.

And she's a really great woman and a good mom. And this boy has been through so much. He really has. And like she said, every time it comes on TV — and think about it, Sean, the trial hasn't even started yet.

HANNITY: Yes.

BONDI: And so that's what she was very, very concerned about. And it's not that we didn't feel we had a good case. We feel we had a very good case and we could prevail at trial.

HANNITY: Yes.

BONDI: But we had to respect her wishes in this situation.

HANNITY: You know, Anne, I'm looking at this video here of Debra and there was video of her lawyer at a press conference earlier today and she's smiling and sort of giddy.

ANNE BREMNER, DEFENSE ATTORNEY: Right.

HANNITY: It's always seemed to me or come off to me as somebody that has a very bizarre need for attention. And, you know, she's now free to go out and do what?

BREMNER: Well, she's free to do whatever she wants. She's got some house arrest. But you know — and I think in this case, Sean, remember her pinky promise that she had with the young man?

HANNITY: Yes.

BREMNER: And the baby talk?

HANNITY: I do.

BREMNER: A lot of bizarre behavior. And she did plead insanity in this case. And I don't think it's just the victim's family not wanting this to go forward. I think it's a look from the judge and the prosecutor and the defense culture and a claim of double standard and whether they can prevail in front of a jury or whether this will be seen as kind of every school boy's dream.

And she's somebody that kind of fits a very interesting picture and one that I think the public would have a hard time convicting her on.

HANNITY: Well, let me talk about that. Pam, because her lawyer at one point said, "To place an attractive woman, young woman, in that kind of hell hole, jail, is like putting raw meat in with the lions. I'm not sure she would survive it."

So am I to understand this, that if you're attractive, if you have beautiful blond hair and a nice figure, that that is a reason or a consideration for not going to jail?

BONDI: No. And that was very offensive to us, Sean, and it still is very offensive to us.

HANNITY: Unbelievable.

BONDI: Yes, thank you. And people can't get away with things because of the way they look or their ethnicity. That's ridiculous, and our country is not that way.

I think the double standard that everyone's talking about, though, comes into play with all the attention the case has gotten. If she was a male teacher, I don't think the case would have gotten nearly as much media attention.

ALAN COLMES, CO-HOST: Pam and Anne, it's Alan. Welcome to the show.

BREMNER: Hi, Alan.

COLMES: Anne, if this was a man guilty of the same offense, wouldn't that man be doing jail time?

BREMNER: Alan, you're right, but the thing is, this is a double standard, but it's not a double standard without a reason. We only see these cases in the public eye because they make national prominence every single time.

I was on Mary Kay Letourneau's civil case out here in Seattle back over seven years ago, remember, when her case broke, it shocked the world.

COLMES: She did how much jail time in jail?

BREMNER: She spent seven years in jail, but she got probation to begin with and then got pregnant the second time with her victim and then had to go to prison.

But the men you see would go, but the women you don't see them that often. They're not reoffenders. They tend not to be predatory, and when you look at sentencing, not the condition but sentencing, should they be put away to protect the public so they won't reoffend, et cetera, and are these boys are harmed as girls? You're going to see a far different sentence for the women, and justifiably so.

COLMES: But Pam, here we see, as we just talked about, Mary Kay Letourneau gets seven years. She comes out and marries the guy, by the way.

BREMNER: Right.

COLMES: Now you've got — a man, I'm sure, would not be treated this way, whether it was in the media or not. In fact, if it were in the media, the man would probably get harsher treatment because public opinion about a man committing the same kind of crime against an underage girl, right?

BONDI: Well, I think — yes, Alan, I think the media attention, what we're saying, is what affects the victim and his family. And the victim trying to move on and get over this.

And you know, she got three years of house arrest, which is jail from her home. Granted, it's not prison and we would have preferred to see in her in prison. However, just like Anne said about Mary Kay Letourneau did, if she violates, she's looking at a long time in prison.

And she can't go out and do anything she wants. She's on house arrest, then probation for seven years.

HANNITY: All right, Pam and Ann. It's good to see both of you. Thank you both for being here.

BONDI: Thank you.

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