Victim's attorney singles out school bus driver

ST. PETERSBURG — A lawyer representing the family of a girl who officials say was sexually assaulted on a school bus last week said Saturday that more could have been done to prevent the attack.

Attorney Paul Kimsey said Tuesday's incident on a Dixie Hollins High School bus was a sexual attack by an adult on a child, contradicting the suspect's mother, who on Friday called it a "misunderstanding.".

Kimsey took aim at the Pinellas County School District by singling out the bus driver, whom he didn't name but said should have stayed with the bus.

Kimsey also suggested that the driver had lax oversight of his bus, allowing students to ride home in their boxer shorts.

According to the Pinellas County Sheriff's Office, the driver left the bus to round up students who stay late for after-school activities. Branden Allen, 18, got on the empty bus, followed by the victim and two younger male students.

While the boys acted as lookouts, Allen sexually battered the girl, deputies say.

Allen, a junior who has played varsity football at the school, was arrested Thursday on sexual battery and false imprisonment charges and released early Saturday morning. The other male students were charged as principals to the crimes.

Allen's mother, Trina Allen, downplayed the incident Friday after a court appearance.

"Honestly, all of this from what he (her son) is telling me is a big misunderstanding," she told the media, including Bay News 9. "I think horseplaying went a little too far."

Kimsey said he felt compelled to respond on behalf of the girl, who he says wants a transfer so she doesn't return to school. According to him, the girl was starting to pull out a book to read when Allen, whom she didn't know, assaulted her. Video will substantiate the girl's version of events, he said.

Kimsey is studying school policy to see if the bus driver behaved inappropriately.

Reached at home Saturday, Pinellas County Schools spokeswoman Andrea Zahn said she couldn't comment on Kimsey's allegations because she didn't have access to information that could address the claims. She said that all aspects of the incident are under investigation.

Lucas Fleming, who represents Allen, said Kimsey's description of the age difference between his client and the girl is a "mischaracterization." Although the age difference could mean a charge of lewd and lascivious conduct with a minor even if the activity was consensual. Fleming noted that the girl, a freshman, and Allen, a junior, are only two grades apart.

"Certainly the emotional maturity I think would be very similar between the two of them," said Fleming.

Fleming said he wants the charges to be dropped. He said he's investigating all aspects of the case, including the girl's credibility.

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Comments on this article

by MsDrtMover	May 12, 2008 1:29 PM
How can you blame the bus driver? They weren't "in route" to/from the school or homes. They hadn't even left the school.

by lk	May 12, 2008 1:27 PM
where were the coaches????

by Dave	May 12, 2008 1:27 PM
Re: Dixie Student, I hope you don't represent the "hole" team, if so, please return to remedial English for spelling lessons.

by Greg	May 12, 2008 12:51 PM
I can't believe that allen's lawyer said "he's a junior, they are only two grades apart", yeah the idiot stayed back 3 years he should be in college or i meant prison where he belongs so can call his mother about the misunderstandings in prison

by nighthawk	May 12, 2008 12:50 PM
As a bus driver, it always seems that when something goes on on a school bus, they awlays want to come after the driver. It is hard to drive a bus and watch the children behind you, you can't see everything in the mirror.

by pop	May 12, 2008 8:34 AM
I dont believe it yes I do that stupid lawyer is going after her credibility. Its bad enough he attacked her admits to it this stupid lawyer got to make her look like the culprit. He is just another brain dead lawyer pop

by FedUpMom	May 12, 2008 8:34 AM
He's a junior and already 18? What grade did he repeat? Let's face it even if they were the same age. A school girl is no match for a FOOTBALL PLAYER. Throw the book at him.

by FedUpMom	May 12, 2008 8:34 AM
He's a junior and already 18? What grade did he repeat? Let's face it even if they were the same age. A FOOTBALL player is no match for some little freshman girl. Throw the book at him.

by JK	May 12, 2008 8:34 AM
18 yr old JUNIOR? How many times was this man left back? Why's he in a regular HS as a JUNIOR at age 18? Oh...football. Never mind.

by Chris	May 12, 2008 8:33 AM
HMMMMM!!! Classic no responsibilty take by a drive by mom. I wonder if her last name is the same as her son's. I see this "child" was ruined by a scumbag who will be ruined in prison (catch my drift)

by Jason	May 12, 2008 8:33 AM
As a teacher, I know what it's like to supervise two dozen students. I couldn't imagine also having to drive a bus at the same time, where I literally have their lives in my hands. Maybe there should an extra adult on the bus to watch the kids.

by Kristin	May 12, 2008 8:33 AM
Accept responsibility for your actions, Allen! He is obviously a bully. I hate the excuse horseplay. There is no excuse for a boy of 18 to be touching a 15 year old. The bus driver didn't touch the girl, what a crock. An 18 year old Jr., loser did.

by Al Sharpton	May 12, 2008 8:33 AM
That "Snoop Dog Wanna Be" is 18 and only a JUNIOR.....??....He's been a loser for quite awhile........

by Dixie Student	May 12, 2008 8:33 AM
GOOD THEY NEED TO LOOK IN TO HER CREDIBILITY BECAUSE SHE IS LIEN ABOUT THE HOLE THING! WAIT TILL HE GOES TO COURT THE HOLE FOOTBALL TEAM WILL BE THERE TO BACK HIM UP!

by Bob	May 12, 2008 8:33 AM
Once again: The media needs an indepth interview after the commission of an heinous crime. Where can they find an intelligent, unbiased, non-witness to give a well thought out response to the crime. Ask his mommy. Does the word STUPID ring any bells?

by steve	May 12, 2008 8:33 AM
If a stripper sits on a bus, reads a book and gets sexually assaulted its still a crime! Why question a 15 year olds credibility if it is on film!?

by Tom	May 12, 2008 8:32 AM
What the hell is an 18yr old a junior in HS? So he can keep playing football! Why is no one investigating that aprt of the story-all 3 "men" should be sent to prison. Lucas Flemng was a sniveling whiny ASA in Tampa-now he is paid to do it -sleep well

by jojo	May 12, 2008 8:32 AM
Here goes more of our hard earned tax dollars to a law suit. This thugs mother should lose every single cent she has and then some.

by BK	May 12, 2008 8:32 AM
The age limits of these hoochiefied teen girls needs to be changed. These teen girls now days are just as much the blame as the teen boys. She apparently did something to provoke the action. wake up people. Too many sexual videos and songs.

by nph	May 12, 2008 8:32 AM
Why does this girl have an attorney? Sounds like they are looking for money from the school board already.

by Rob	May 12, 2008 8:32 AM
Another case of a lawyer looking for the deepest pockets. If the incident happened in the bathroom would you blame the janitor for not being there? Maybe he has a case against the State for building the school, or International for building the bus.

by Dave	May 12, 2008 8:32 AM
A "Misunderstanding"? If the girl complains she was assaulted, she describes what happens, and the police agree and classify it as sexual assault. How is that a "misunderstanding"?

by johnny	May 11, 2008 1:42 PM
of course the scum lawyer is going after the bus driver. that's where the money is, not the punks who raped the girl.

by ukiddingme	May 11, 2008 1:41 PM
"It's just a misunderstanding" said the mother. There's is your problem right there.....the parents. I hope this kid enjoys the misunderstandings he's going to get in prison from the other prisoners.

by John	May 11, 2008 1:40 PM
What about the kids that were (you name the offense) that the bus driver was collecting to take home? What part of a school bus looks like a place for a romantic interlude? A lawyer will say anything to get a client off, or convict a big pocketbook.

by Mark	May 11, 2008 1:36 PM
If anyone is guilty of "mischaracterization" it is Mr Fleming. 18 = adult, 15 = minor. THOSE are facts. Now, he's going to "investigate the girl's credibility". Isn't that lawyerspeak for 'trash her reputation'?

by Michele	May 11, 2008 1:29 PM
Classic case of a mother not teaching her son to accept responsibility. No wonder he thinks this activity is okay. It's nobody's fault but Branden Allen's.

by Katrina	May 11, 2008 1:29 PM
This is a far reach to blame the bus driver for a young man's crime! If he didn't know this was wrong, blame his parents for not teaching him right from wrong! For his mother to say this is just horseplay is terrible! He needs to accept his blame.

by Milton	May 11, 2008 1:29 PM
Sounds like there's more to this story than meets the eye. Perhaps, the girl may have been a little more complicit than we think. The video will tell the tale.

by deborah

May 11, 2008 1:21 PM

You have an 18 year old young man (let’s emphasize on just that) that rapes a 15 yr old child. I wish that we could stop trying to blame everyone else and put it where it belongs. The 18 is a young adult and should not need constant supervision and should be treated as one, in fact he should have been an example to the younger students. I can not imagine the horror that the 15 yr old was and is experiencing.

by Chip	May 11, 2008 1:19 PM
You have to admit, sleazeball defense attorneys are very creative. I wonder how comfortable Lucas Fleming would be having Branden Allen isolated with his daughter? Get it right, counselor, 15 year old child...18 year old man. Let's roll the tape.

by Tony	May 11, 2008 1:17 PM
So does tha mean a male who is 17 years and 355 days old is a "boy"? Sounds like both of them are children and the mother of the male doesnt' want to admit her son might be in the wrong. Maybe the tape will shed some light.

by John	May 11, 2008 11:10 AM
This is such a cheap shot. Bus drivers are WAY overworked, underpaid, and aren't there to babysit ADULTS. Give him the max. sentence and try the 2 "lookouts" as adults too.

by Melissa	May 11, 2008 11:10 AM
Just another male acting out what they play on video games. And what do you know the girl doesn't enjoy it and she feels violated. And some punk is going to prison.

by jan	May 11, 2008 2:03 AM
An 18-year-old varsity football player is a MAN. A 15-year old freshman is a year out of middle school and is still a CHILD. There is nothing similar in their emotional maturity levels. I'd be terrified in that situation and I'm a grown woman.