Charles Friedlander - Judge rules Fred Berlin can't apologize for the sadistic internet predator

"You don't have to be a pedophile to violate the statute," Whittemore said. "Nor do you have to be a sadomasochist to violate the statute."

Kaiser said Friedlander is free to take the witness stand, if he chooses, and testify that he never intended to actually abuse any children and that his Internet conversations were mere fantasy.

A judge today barred lawyers for Charles Friedlander from presenting expert testimony that Friedlander is not a pedophile or a sexual sadist.

Friedlander, 78, of Fort Myers, is scheduled to go on trial next month on a charge he traveled to the Tampa area with the intent of abusing and having sex with two prepubescent boys. Friedlander was arrested after he came to the area after he had conversations with Pinellas sheriff's Cpl. Kurt T. Romanosky, who posed online this summer as a 36-year-old father interested in incest and the physical abuse of children, authorities said.

The defense hired psychiatrist Fred Berlin to evaluate whether Friedlander was a pedophile or a sexual sadomasochist or if his conversations with Romanosky were mere Internet fantasies.

Berlin concluded Friedlander is not a pedophile or a sexual sadomasochist, based on his review of the facts in the case and an interview with Friedlander.

Berlin also concluded Friedlander's online conversations with Romanosky were fantasies. Berlin pointed out that Friedlander told Romanosky that he habitually abused his own young son, but Friedlander has never had any children and was never married.

Assistant U.S. Attorney Amanda Kaiser, however, pointed out that Friedlander once lived with someone he referred to as his adopted son. That person committed suicide, Kaiser said.

Kaiser argued that whether Friedlander is diagnosed as a pedophile or a sexual sadist is irrelevant to whether he committed this crime. And U.S. District Judge James D. Whittemore agreed.

"You don't have to be a pedophile to violate the statute," Whittemore said. "Nor do you have to be a sadomasochist to violate the statute."

Kaiser said Friedlander is free to take the witness stand, if he chooses, and testify that he never intended to actually abuse any children and that his Internet conversations were mere fantasy.

The trial had been scheduled to start today, but Whittemore granted the prosecution request for a delay, and scheduled it for Dec. 8.