Bobby Joe Flores had gonorrhea. And so did the 1 year old child he had previously babysat. But, do to a Indiana state law that protects the privacy of people with sexually transmitted diseases, neither the Allen County Sheriff’s Department or the Fort Wayne-Allen County Health Department would allow any of their employees to testify to Flores condition, so prosecutors decided to offer him a plea deal.
Since his plea hearing, however, Flores has attempted to change his guilty plea – saying he was dissatisfied with his court-appointed attorney. Surbeck took his request under advisement, but told him his odds of success were small.
During Monday’s hearing, Flores again tried to get the judge to reject his guilty plea.
Surbeck declined and sentenced Flores to eight years in prison, but suspended six years and ordered them to be served on probation, leaving just two years to be served.
With 189 days of jail credit, Flores could be released from prison in as little as six months because Indiana law grants prisoners in the Department of Correction two days of jail credit for every day served without a disciplinary action.
So in six months, a man who gave a one year old child a STD is eligible for release.
In April 2008, the girl’s mother took the child to the hospital after she noticed symptoms consistent with gonorrhea and the child began crying when her diaper was changed. In May, Flores, 21, was arrested on an outstanding warrant and while in jail received treatment for what was later determined to be gonorrhea, according to court documents.
In June, Allen Superior Judge John Surbeck issued subpoenas on behalf of prosecutors for Flores’ medical records at the jail, as well as his records at the Allen County Board of Health.