On appeal, the Fourth District held that the trial court erred in closing the courtroom after it became clear that J.L. was not under the age of sixteen and in failing to make findings in support of closing the trial as required by Waller v. Georgia, 467 U.S. 39, 48, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984). See Kovaleski v. State, 854 So.2d 282, 284 (Fla. 4th DCA 2003). Thus, the Fourth District reversed and remanded for a new trial.
October 31, 2003. Appeal from 4th DCA 854 So.2d 282. Decision without published opinion.
He received two concurrent sentences of approximately twelve years. Both convictions were reversed in Kovaleski v. State, 854 So.2d 282 (Fla. 4th DCA 2003), and remanded for a new trial because the trial court had improperly closed the courtroom during the testimony of the minor without having a hearing to determine if it was necessary. Appellant was re-tried in 2006 and at that trial Missy, who was divorced from appellant and remarried, testified as to her affair with the minor in 1996 as well as three-way sex involving her husband and the minor.