Prosecutor: Bring child molester back into custody

(CNN) -- A convicted South Florida child molester who has avoided serving a 43-year prison sentence may soon be taken back into custody, according to a court document filed Thursday afternoon.

A Broward County prosecutor filed a motion questioning the legitimacy of a $610,000 bond that Judge Marc Gold granted last summer to Aaron Mohanlal.

The motion asks that Mohanlal be brought back into custody.

The bond grant, which a dozen legal experts tell CNN is highly unusual, effectively set the child molester free, except for a GPS device Mohanlal was ordered to wear.

Mohanlal has not served a single day in prison, CNN reported Wednesday.

The teacher made the bond because the judge allowed liens on properties owned by Mohanlal and his relatives.

But there is no public record indicating that the bonding agencies placed liens on any of those properties, the newly filed motion states. That could mean that there was nothing securing the bond, which is intended to force Mohanlal to appear in court when he is required to appear.

Prosecutor Anita White is requesting that Mohanlal be taken back into custody so a hearing can be held in Gold's courtroom to reassess whether the former teacher should be out on bond.

White said she obtained a hearing date for next week with Gold's assistant Thursday morning. But the judge canceled that hearing hours later, she said.

Gold could not be reached for comment Thursday afternoon.

"It would be some relief to us if he went back where he belongs, and he belongs in prison," said the father of the victimized boy.

CNN does not reveal the names of sexual assault victims.

For nearly two years, Mohanlal, a former Miramar, Florida, middle school teacher forced the boy, his student, to have sex in a classroom supply closet.

Sometimes, Mohanlal would call in sick to work, take the boy to his home for sex and drop the seventh-grader back off at school at the end of the day.

To keep the abuse secret, Mohanlal bought the then-13-year-old a cell phone and created nicknames for their genitalia. When police arrested him, the teacher was caught on hidden video trying to destroy letters threatening the boy if he ever told.

In April 2007, a Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery.

Under Florida statute, defendants without prior felonies are eligible for post-conviction bond unless they have committed first-degree murder or sexual battery.

Mohanlal wasn't convicted of first-degree sexual battery. He was convicted of second- and third-degree felonies, and he had no prior felony record.

Gold earlier refused to talk on record about why he granted the bond. He would only give this statement: "The simple truth is that I had to rule based on what was presented to me during that hearing. And I took everything into consideration and felt a bond was appropriate."

Mohanlal resigned from his teaching job in 2005.

During the two months CNN has investigated this story, Mohanlal has been working a construction job in Broward County and spending time at a house in Sunrise, Florida, 15 miles from where the boy and his family live, according to the Broward County Sheriff's Office.

"I can't understand why he isn't behind bars," said the boy, now 18. "I can't understand what the judge was thinking."

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