Parents Of Accused Seminole Heights Killer Face Civil Contempt

TAMPA, FL—The parents of the accused Seminole Heights serial killer will either have to talk to prosecutors or explain in court Jan. 5 why they can’t talk.

That was the decision of county Judge Margaret Taylor during a hearing requested by the Hillsborough County State Attorney Thursday morning.

Assistant State Attorney Jay Pruner requested the hearing after Rosita and Howell Donaldson Jr., parents of Howell Donaldson III charged with four counts of first-degree murder, refused to answer the prosecutor’s questions during separate interviews.

“They refused to testify despite being issued lawful subpoenas,” Pruner told the judge. “We had no recourse but to file motions to compel their testimonies. We’re asking the court to demand that they show cause as to why they should not answer our questions.”

The Donaldsons’ attorney, Ralph Fernandez, said the parents’ reluctance to talk to prosecutors shouldn’t come as a surprise. He said, not only are they still reeling from the shock of learning their 24-year-old son is accused of shooting and killing four people, but they have received death threats, have lost their privacy and fear for the safety of their younger child.

“Life has ended as they know it,” Fernandez said. “They haven’t slept; they can’t function; they can’t think cogently and clearly; and they feel like hostages in their own home.”

In addition to being too traumatized to answer the prosecutor’s questions, Fernandez said they’re afraid they will say something that may lead to their son’s conviction. Hillsborough State Attorney Andrew Warren has stated that he plans to seek the death penalty.

“No matter how it’s perceived, the prosecution is soliciting testimony to make a determination about the life and death of their son,” he said. “They want something from them (the Donaldsons) that will perfect their case so perhaps their son is executed.”

Unlike spousal privilege laws, which says a husband or wife can’t be forced to testify against spouse, there is no statute that allows parents to refuse to testify about their child, said Pruner. He said the Donaldsons may have knowledge that can shed light on their son’s behavior.

“We are seeking to conduct a thorough investigation of the matters involving the violent loss of four lives,” he said. “And our statutory obligation dictates us to exhaust every lawful investigative avenue.”

Fernandez, however, said it’s an issue that has national implications.

“This is America on trial,” he said during a press conference following the hearing. “Family values are on trial. We need to safeguard the sanctity of the home.”

Before making a decision, Taylor reviewed other cases in which the testimony of the parents was challenged.

“There’s not a lot of case law on this issue,” she said.

However, Miami judge Milton Hirsch did issue an opinion based on a similar case in 2016 in which he discussed whether a parent’s refusal to testify constituted criminal or civil contempt.

If the judge concludes the parents’ refusal to talk is civil contempt, the court can order them to answer the prosecution’s questions, she said. But in the case of criminal contempt, the court would essentially turn the parents into criminals.

“The intent is not to punish but to coerce (their testimony),” she said.

Based on that conclusion, she ordered the Donaldsons to appear before her in court on Friday, Jan 5 at 10 a.m. “to show cause why they should not be held in civil contempt.”

Caption: Howell Donaldson Jr., left, and his wife, Rosita the parents of Seminole Heights murder suspect Howell Donaldson III, appear in court for contempt for refusing to answer questions from the state attorney's office at the Hillsborough County Courthouse in downtown Tampa on Thursday, Dec. 7.

Images via Octavio Jones/Tampa Bay Times via AP, Pool