Virginia Beach judge rejects second plea agreement for wife of former Regent dean

For the second time in three months a Virginia Beach judge has rejected a plea agreement for Melina McPherson.

Last September she pleaded guilty to sexual abuse of a child in her care.

It happened between 1997 and 1998 while she was a house parent at Hope Haven Children's Home.

"At this point months after this event, six months since she first pleaded guilty she is still not incarcerated, she is still not a convicted felon she is still not registered on the sex offender registry," said Harvey Bryant, Virginia Beach Commonwealth's Attorney.

Virginia Beach Commonwealth's Attorney Harvey Bryant has been in touch with the victim and has letters from the victim who does not want McPherson to go to jail.

In the letter the victim says she wants to spare McPherson's two young children from pain. The latest plea agreement called for 60 days in jail. There is no word yet why the judge rejected that deal.

In November a different judge rejected a plea for 40 days in jail.

"He just thought the sentence was too light given the nature of the charges," Bryant said.

Melina is accused of abusing the victim at the Hope Haven Children's Home and was only a house parent. She and her husband, Stephen McPherson, adopted the girl's two younger sisters in 1996.

Stephen is convicted of sexually abusing the girls in both Virginia Beach and Chesapeake in 2000 and 2002 and is now in prison.

Bryant says all three girls are now grown and married and say they don't want to bring any pain to the people who raised them.

"Keeping in mind that this is a victim along with her sisters, who put in writing they didn't want any prosecution."

Bryant says despite those wishes, prosecutors will not drop charges entirely. He says they are trying not to revictimize the women at the center of abuse.

"I think when we don't follow the wishes of the victims then we are not really doing our jobs here," Bryant said.

Today the judge says he will request the US Supreme Court to assign Melina PcPherson's case to another jurisdiction in Virginia. Prosecutors are not sure if they will seek another plea agreement or start preparing for trial.