ORLANDO, Fla. — A family's fight for justice has them frustrated.
An Orlando man charged with capital sexual abuse of their daughter was allowed to bond out of jail with almost no conditions on his release, 9 Investigates learned.
The victim's family doesn't understand why he was allowed to bond out especially since he lives so close to an elementary school
The suspect was held in the Orange County Jail with no bond for five months, until he hired a private attorney.
The attorney convinced the judge that Ruben Ballester's declining health and ties to the community should be considered for a reasonable bond.
The only conditions of his release require weekly drug tests and court appearances.
Ballester, 78, had never been arrested until last November.
He is charged with capital sexual battery and lewd and lascivious molestation.
“We want people to know,” said the victim’s mother.
A young girl, now 15 years old, told her parents that Ballester sexually abused her as a child.
Her parents said the memories were triggered recently because of an incident with the victim’s friend.
“Something in that just made her want to come out and say, ‘Dad, this happened to me.’ And immediately I didn't delay at all, called the authorities,” said the victim’s father.
The family now lives in South Florida.
An arrest affidavit details the events the young girl claims happened inside Ballester's East Orange County home, which is in a subdivision that backs up to Lawton Chiles Elementary School.
“So he's exposed to children every day,” said the victim’s father.
His private attorney made a clear case and convinced Judge Marc Lubet to release Ballester from jail on a $50,000 bond.
The motion provides insight about Ballester, who was in the Air Force and served as a U.S. postal worker for nearly 30 years.
His attorney also noted his age, saying he suffers from numerous medical issues.
What troubles the young girl's parents is that there are no conditions on his release outside of weekly drug checks.
“Considering the two charges against him, it's mind-boggling,” said the victim’s father.
9 Investigates obtained a transcript of a controlled call between Ballester and the victim, in which he blames the victim and said, “What we did, I didn’t ask to do that.”
He referred to the alleged acts as “just experimenting,” and later said he was sorry for what he did.
“I want to see the justice done so she has some type of closure,” said the victim’s mother.
Ballester is scheduled to go to trial next month.
His attorney filed motions to suppress the controlled phone call with the victim, which was set up by law enforcement.
Cox Media Group
