• State attorney files motion to reconsider appeal bail of man convicted of child sex crimes

    By: Kelly Healey


    VOLUSIA COUNTY, Fla. - The State Attorney's Office of the Seventh Judicial Circuit of Florida filed a motion Thursday asking the court to reconsider the order granting bail to a man convicted on nine counts of sexual misconduct with a child, officials said in a news release.

    Mark Fugler, 61, was convicted in June and sentenced to 15 years in prison. Prosecutors told the court that Fugler showed pornographic material to a 7-year-old girl and performed lewd acts in front of her.

    The former Embry-Riddle Aeronautical University professor bonded out of jail Tuesday, pending an appeal of his conviction.

    Read: Man convicted of sex misconduct with child released on bail, pending appeal

    State Attorney R.J. Larizza released the following statement regarding the granting of the appeal bond:


    There has been significant and legitimate concern over the Court’s granting a supersedeas bond regarding defendant Fugler. The State Attorney’s Office shares the public’s concern.  Let there be no mistake or misunderstanding that the State Attorney’s Office has been working in opposition to the release from the beginning. 


    "We have filed a motion for reconsideration of the release with the Court and the motion reflects our legal position in opposition to said release.  Our ultimate mission is to enhance and promote public safety.  We will use every legal means at our disposal to oppose the release and our efforts reflect our commitment to the safety of all of our families, neighbors and residents of the 7th Judicial Circuit."


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    Fugler's release sparked community outrage, including that of Volusia County Sheriff Mike Chitwood and the National Organization for Women, who wrote, "Fugler was freed on bail pending appeal—a process that could take years and potentially allow him to prey on even more victims.


    A representative with the Seventh Judicial Circuit Court said a judge cannot comment while an appeal case is pending. 

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