ORANGE COUNTY, Fla. (WPTV) — An Orange County judge on Friday rejected prosecutors' request to hold former Palm Beach County public official Michael Caruso without bond, finding the state failed to show a "substantial probability" that he committed the offenses alleged in the case.
WATCH BELOW: 'Insufficient evidence': Details on why judge granted Caruso bond
Previously Caruso was denied from bond at first appearance in Palm Beach County and Orange County.
Friday's ruling came after hours of testimony from Florida Department of Law Enforcement Special Agent Ruben Roach, who detailed an investigation into allegations that a 4-year-old child repeatedly disclosed sexual abuse by Caruso.
Judge A. James Craner opened the hearing by noting he had carefully reviewed the state's filings.
"All right. As I indicated a moment ago, we are here for a pretrial detention hearing," Craner said.
The judge said he had reviewed the state's motion and the arrest warrant affidavit prepared by Roach.
"I read through that in great detail also," Craner said.
State prosecutors then called Roach as their first witness.
The State Builds Case for Detention
Roach testified he works from FDLE's Miami Regional Operations Center and previously spent roughly 16 years investigating sex crimes in New York.
"I worked sex crimes mainly, uh, for about 16 years," Roach testified.
Asked about his qualifications involving children, he told prosecutors, "I am, uh, advanced certified in forensic interviewing of children."
According to Roach, Orange County investigators turned the case over to FDLE after determining it involved multiple jurisdictions.
"The Orange County Sheriff's Office initiated the investigation," Roach said, "and at the point in their investigation where they realized that multiple jurisdictions were involved, they contacted the FDLE."
The Miami office became involved because an alleged incident occurred aboard Royal Caribbean's Icon of the Seas.
Roach told the court he reviewed police reports, DCF records, controlled phone calls and a Child Advocacy Center interview before launching his own investigation.
Child Allegedly Made Repeated Disclosures
According to Roach, investigators were examining allegations from November 2024 as well as a separate allegation involving the cruise ship in August 2025.
"The overall allegations were that there were 2 incidents," Roach testified.
He said the cruise allegation centered on claims that Caruso said he was taking the child for ice cream but instead took him to a cabin and into a shower before allegedly sexually abusing the child.
Roach said the allegations first surfaced after the child's parents witnessed troubling behavior involving another child.
According to the agent, the parents asked their son where he had learned the behavior.
That's when the child's father then recorded multiple videos documenting the disclosures.
Roach acknowledged "there were some leading questions" but testified, "I wouldn't characterize it as" coaching.
Asked directly whether he observed anybody "trying to coax or, uh, force the child to make any statements," Roach replied, "No."
State Emphasizes Child's Consistency
Throughout the hearing, state prosecutors repeatedly sought to show the child's story remained consistent.
Roach testified that the child made similar disclosures to DCF investigators, Child Advocacy Center interviewers and law-enforcement officers.
Asked whether the child ever recanted his allegations during a DCF interview, Roach answered: "No."
Asked whether the disclosure changed, he again responded: "No."
Roach also described the child as initially shy but increasingly comfortable over time.
"He's a, he's a 4 year old boy with a lot of energy," Roach testified.
"It took a little time" before the child warmed up to him, he said.
Over multiple contacts, "Certainly a rapport has been built and, um, very, uh, friendly and outgoing."
Roach later attended a therapy session where the child was evaluated on concepts of truth, lies and promises.
"The child was nervous, but he was able to, uh, tell the difference between a truth and a lie," Roach testified.
Asked whether anyone coached the child during that session, Roach again responded, "No."
Roach testified the child was attending therapy because he was experiencing "a lot of, uh, emotional issues, uh, based off of this case."
According to the agent, the therapist concluded the child was exhibiting symptoms consistent with trauma.
The therapist also reported that the child would correct adults when they misstated details of the alleged incidents.
Roach testified that was done intentionally by the therapist.
Questions About the Fishing Trip and Cruise
Roach confirmed the victim was 3-years-old when the abuse allegedly began.
He testified that the child described incidents in November 2024 where Caruso allegedly touched him and that Caruso exposed himself to him during a fishing trip.
Another alleged incident occurred near Thanksgiving 2024 around a family swimming pool, according to investigators.
The defense clarified the fishing trip was located 2 blocks away from the child's father's house at a pond in a residential area.
Prosecutors argued the pond is by nature preserve 'shrouded by trees and, shrubbery' but the Roach testified that it was not disclosed that the child was taken into the shrubbery during the incident.
Investigators also attempted to reconstruct the timeline of the alleged Icon of the Seas incident.
Roach testified witnesses reported Caruso was gone with the child for about an hour after taking him for ice cream.
The agent said one witness reported that Caruso later returned with wet hair and different clothing.
According to Roach, she asked him why.
"He advised her that the child victim had gotten him sticky and that he needed to take a shower and get ready for dinner with Tracy," Roach testified.
Prosecutors argued that testimony corroborated the child's account.
Roach said, aside from Caruso, the child indicated that he never had seen another male in the shower other than his own father when he was an infant.
Defense Attacks Investigation
During cross-examination, defense attorney Jason Weiss focused heavily on investigative gaps and inconsistencies.
Weiss highlighted the timeline, noting that the alleged cruise incident occurred in August 2025 while the first disclosure was not reported until October.
He also emphasized that the child was questioned numerous times before the forensic interview.
Roach testified the child had been questioned "approximately 11 times."
Weiss also noted the family hired a private attorney during the investigation, questioned the delay in reporting, and pointed out that cruise surveillance footage and electronic key-card records had been deleted before investigators attempted to retrieve them.
Roach confirmed the cruise line retained those records for only 30 days.
The defense also highlighted that Caruso denied the allegations in multiple controlled calls.
"He was adamant in denial. He denied the allegations," Roach testified.
Weiss further pointed out that Caruso knew about the accusations for months, left the country and returned, and was not arrested until August 2026 despite investigators learning about the allegations in late 2025.
"Never is the presumption of innocence more important than when there are distasteful and salacious allegations against somebody in the public eye," Weiss argued.
State Argues No Conditions Could Protect Community
In closing arguments, prosecutors urged Craner to order pretrial detention.
"What we have here, Judge, is a very well-connected public official who the state has proven has isolated, groomed, and molested a child that began when he was only 3 years old and is now 4 years old," a prosecutor argued.
The state argued the child had been consistent in his disclosures.
Prosecutors also argued GPS monitoring and firearm restrictions would not adequately protect the public.
"The question isn't whether these things can reduce the risk," the prosecutor argued. "It's whether the community will be reasonably protected."
Judge Rejects Detention Request
After hearing testimony and arguments, Craner delivered a lengthy explanation for his ruling.
"There are a lot of moving parts in this case, candidly," the judge said.
While describing Roach as "largely credible," Craner said he had concerns about aspects of the investigation.
"I also have some reservation about the evidence that's been presented here today from the agent with regards to this investigation," he said.
The judge cited numerous issues, including the seven or eight parent-recorded videos, testimony that the child sometimes struggled to understand questions, delays in reporting, the number of interviews conducted before the forensic interview, missing cruise records, and the fact that the child denied anything happened during portions of one forensic interview.
"When this youth was interviewed by someone named Miss Millie, apparently, um, he denied that anything happened," Craner said. "I thought that was significant."
Ultimately, the judge ruled:
"There is insufficient evidence for the court to make a finding of a substantial probability that the defendant committed the offense. So that will be the court's finding under these circumstances," said Craner. "Facts may develop over time, but at this time I cannot say that there's a substantial probability that the defendant committed the offenses."
Judge Sets $160,000 Bond
Because he found the state did not meet the legal standard for pretrial detention, Craner concluded that release conditions could adequately protect the community and ensure Caruso's appearance in court.
"I think there are conditions of release that will reasonably protect the community from the risk of physical harm, ensure his presence for court, and assure the integrity of the judicial process," he said.
Craner set bond at:
- $50,000 for kidnapping
- $50,000 for lewd or lascivious molestation
- $50,000 for lewd or lascivious exhibition
- $5,000 for luring or enticing a child
- $5,000 for child abuse
For a total of $160,000.
The judge also ordered that Caruso:
- Have no direct or indirect contact with the child victim or witnesses
- Surrender his passport
- Stay out of Orange County except for court appearances
- Not possess firearms while the case is pending
Craner declined to order GPS monitoring.
Caruso's wife Tracy Caruso also took the stand saying they sold a house they owned in Delray Beach, which will allow her to pay for her husband's bond.
She then blew her husband a kiss as she walked back to her seat.
The day of Caruso's arrest, Attorney General James Uthmeir said more charges are expected.
WPTV reached out to the victim's attorney who told WPTV "We're not commenting on the hearing at this time."
One of Caruso's attorneys, Donna Rotunno, released this statement:
“Today was a very good day for Mike. The court’s ruling recognized what we have been saying from the outset: there are serious errors and inconsistencies in the prosecution’s case, and the evidence presented did not establish a substantial probability that Mike committed these offenses.
That matters. If the evidence cannot satisfy that standard at this stage, it raises serious questions about how the State expects to prove these allegations beyond a reasonable doubt.
Mike was released on a $160,000 bond without GPS monitoring, and he will now be able to continue fighting these allegations while at home and surrounded by those who know and support him. Tracy remains firmly at his side.
It is a sad state of affairs when someone can lose his freedom based on an allegation that has not been proven. An accusation, no matter how serious, is not evidence of guilt. That is precisely why we have courts, evidentiary standards and the presumption of innocence. Today’s ruling was an important reminder of that.”
