ALL CHARGES DISMISSED
ARRESTED Oct 13, 2006 - Lance Weinbrenner, 40, A Chaparral Middle School eighth-grade math teacher, was arrested and charged with criminal sexual contact with a 15-year-old boy. See ABC Ch 7 news. NBC Ch 9 Police investigator commends victim for coming forward and urges parents to talk to their children. Contact number given. (Responsible journalism.)
INDICTED Jan 31, 2007 - Weinbrenner was indicted. He faces three counts of criminal sexual contact of a minor, fourth-degree felonies. Originally on paid leave, he resigned on Dec 22.
START OF TRIAL Jan 29, 2008 - Trial scheduled to begin today.
According to court records, the boy's mother called police when she learned Weinbrenner had allegedly touched him. The boy told investigators Weinbrenner would make him sleep in his underwear and on top of him while on camping trips. During one incident the boy allegedly awoke to find Weinbrenner touching him over his underwear.The trial is expected to conclude Thursday.
END OF TRIAL - CHARGES DISMISSED Feb 1 - Two counts against Weinbrenner were dismissed Thursday on a directed verdict by 12th Judicial District Judge Frank Wilson of Alamogordo. The third and final charge was dismissed Friday morning by prosecutors after Wilson declined to reconsider his earlier ruling and after prosecutors conferred with the alleged victim's family.
[District Attorney Susana] Martinez said the judge believed a charge of criminal sexual contact by a person in a position of authority was more appropriate given the evidence presented.Martinez said Wilson's decision cannot be appealed. District judges in Las Cruces recused themselves from hearing the case because Weinbrenner's father, Neil, is a local attorney.
"The judge dismissed the first two counts because he decided that the charges that existed right now are not part and parcel of a greater charge and he thought there was enough evidence for the greater charge," Martinez said. She called it an "adverse ruling that has never been made in this district" and is contrary to cases "presented here and in the (state) Court of Appeals."
TT - Sentencing in New Mexico isn't exactly robust.
Duriel Martin - felony sexual contact of a minor - sentenced to 1 year in prison, six months suspended, sexual offender registration.
Luis Nuñez - teacher's aide (at age 15) sentenced to 1 year probation and 100 hrs of community service for molesting a spec ed student.
George Barber - sentenced to 36 months,(credit for 8 months) described as "the maximum penalty allowed for his conviction on two counts of criminal sexual penetration by a school employee." Compare the media coverage of the story.
Tony Salas - sentenced to 364 days of unsupervised probation and a conditional discharge for contributing to the deliquency of a minor.
And then there is Ernest Dominguez.
