Mother Pleads for Board to Deny Parole for Sex Offender
By: Marci Manley, KARK 4 News
Updated: January 23, 2013
"Her words were momma Mr. Floss has been doing bad things to me," she said, struggling to say the words.
In front of the Arkansas Parole Board, Tammy Harper relives the worst day of her life. It's a tough anniversary.
"It's like you feel victimized over and over again every year," she said.
In 2003, third grade teacher Brian Floss was sentenced to 15 years in prison as part of a plea deal. Harper's daughter Brittney was one of his victims.
"Serving 15 years is not enough for what he did to my granddaughter," Brittney's grandfather Harold Harper told the Board.
Floss was originally charged with one count of rape and two counts of sexual assault, committing the acts inside his Fordyce classroom.
"State investigators found Brian Floss's desk at the back of his classroom, while all the students' desks faced away," Harper told the Board in her statement Wednesday. "That way, none of the students could see what was going on at his desk"
"At eight years old, my daughter felt like it was her fault. Every day she went to school hoping it would stop," Harper told KARK after the meeting.
Floss became eligible for parole after two and a half years, essentially serving a third of his sentence with time reduced for good behavior at the Pine Bluff Corrections Unit.
"I really think our laws need to be changed," Harper said. "I think there are some crimes where it is just serving the sentence you're given with no eligibility for parole."
For the past seven years, Harper has let her daughter's words speak for themselves. This time they came in a letter requesting Floss be kept behind bars.
"I pray each day no one else goes through what we have gone through and continue to go through," Brittney Humphrey wrote to the board.
Humphrey is in her sophomore year at college, studying nursing.
"I'm so proud of her for what she's overcome," Harper said. "She eventually wants to be able to help other children that have been sex abuse victims."
But even surrounded by classmates, Humphrey wrote to the board that she wouldn't feel safe with Floss out from behind bars.
"I pray that he does not get out of jail, not only for myself but for the safety of others," she wrote. "If he gets out early, I will be afraid and won't want to go anywhere alone."
The Parole Board does not select inmates for parole, because eligibility is determined by state law.
"All of it is in the sentencing statues here in Arkansas to make that determination," said Parole Board Chairman John Felts. "Depending on the crime you commit, the statutes spell out how much time you have to serve. For some violent crimes, you have to serve at least 70 percent of your sentence. For others, you serve a third and also get reductions for good behavior."
The Parole Board does have the power to deny parole in discretionary cases, as it has done regarding Brian Floss since 2005.
But there are some instances where parole is, for lack of a better word, "automatic" meaning the Parole Board can only give the parolee instructions for programs to complete while they're out in society.
All of that, is dictated by statute as well, meaning they are set by state lawmakers.
Changes to those parole eligibility requirements would have to come from state legislators. As it pertains to sexual offenses, a bill was introduced during February's fiscal session last year, but it died in committee.
On Tuesday, Commissioner Joe Peacock told Harper that after 10 years in prison, Floss was proclaiming his innocence.
"He's taking the position he's not guilty," Peacock said to Harper. "He said there were no victims to begin with. He's denying it all. I just wanted you to know that."
For Harper that's a red flag that has her fearing for more than just her family.
"If he's standing up there denying it to this day what is he capable of when he gets out ?" she asked. "For him to be eligible for parole he's supposed to be rehabilitated. Admitting guilt is part of that, isn't it?"
Aside from her testimony and her daughter's letter, Harper also submitted a petition with 300 signatures from folks in her community, requesting Floss remain behind bars.
The Parole Board will make its decision in February.
In front of the Arkansas Parole Board, Tammy Harper relives the worst day of her life. It's a tough anniversary.
"It's like you feel victimized over and over again every year," she said.
In 2003, third grade teacher Brian Floss was sentenced to 15 years in prison as part of a plea deal. Harper's daughter Brittney was one of his victims.
"Serving 15 years is not enough for what he did to my granddaughter," Brittney's grandfather Harold Harper told the Board.
Floss was originally charged with one count of rape and two counts of sexual assault, committing the acts inside his Fordyce classroom.
"State investigators found Brian Floss's desk at the back of his classroom, while all the students' desks faced away," Harper told the Board in her statement Wednesday. "That way, none of the students could see what was going on at his desk"
"At eight years old, my daughter felt like it was her fault. Every day she went to school hoping it would stop," Harper told KARK after the meeting.
Floss became eligible for parole after two and a half years, essentially serving a third of his sentence with time reduced for good behavior at the Pine Bluff Corrections Unit.
"I really think our laws need to be changed," Harper said. "I think there are some crimes where it is just serving the sentence you're given with no eligibility for parole."
For the past seven years, Harper has let her daughter's words speak for themselves. This time they came in a letter requesting Floss be kept behind bars.
"I pray each day no one else goes through what we have gone through and continue to go through," Brittney Humphrey wrote to the board.
Humphrey is in her sophomore year at college, studying nursing.
"I'm so proud of her for what she's overcome," Harper said. "She eventually wants to be able to help other children that have been sex abuse victims."
But even surrounded by classmates, Humphrey wrote to the board that she wouldn't feel safe with Floss out from behind bars.
"I pray that he does not get out of jail, not only for myself but for the safety of others," she wrote. "If he gets out early, I will be afraid and won't want to go anywhere alone."
The Parole Board does not select inmates for parole, because eligibility is determined by state law.
"All of it is in the sentencing statues here in Arkansas to make that determination," said Parole Board Chairman John Felts. "Depending on the crime you commit, the statutes spell out how much time you have to serve. For some violent crimes, you have to serve at least 70 percent of your sentence. For others, you serve a third and also get reductions for good behavior."
The Parole Board does have the power to deny parole in discretionary cases, as it has done regarding Brian Floss since 2005.
But there are some instances where parole is, for lack of a better word, "automatic" meaning the Parole Board can only give the parolee instructions for programs to complete while they're out in society.
All of that, is dictated by statute as well, meaning they are set by state lawmakers.
Changes to those parole eligibility requirements would have to come from state legislators. As it pertains to sexual offenses, a bill was introduced during February's fiscal session last year, but it died in committee.
On Tuesday, Commissioner Joe Peacock told Harper that after 10 years in prison, Floss was proclaiming his innocence.
"He's taking the position he's not guilty," Peacock said to Harper. "He said there were no victims to begin with. He's denying it all. I just wanted you to know that."
For Harper that's a red flag that has her fearing for more than just her family.
"If he's standing up there denying it to this day what is he capable of when he gets out ?" she asked. "For him to be eligible for parole he's supposed to be rehabilitated. Admitting guilt is part of that, isn't it?"
Aside from her testimony and her daughter's letter, Harper also submitted a petition with 300 signatures from folks in her community, requesting Floss remain behind bars.
The Parole Board will make its decision in February.
