Newton, NEW JERSEY

Reporter: "It was a fall from grace for the 31-year-old Hardyston resident, who went from Teacher of the Year to a Megan's Law registrant in a span of several years."

Judge: The judge stressed the pain his actions have caused his wife and three children.
Sentence: Three years in prison, registration as a sex offender and parole supervision for life.

ARRESTED Feb 6, 2007 -
James Cunneely, 30, was arrested on charges he was sexually involved with a 15-year-old female student since the beginning of the school year.

Cunneely, a Kittatinny Regional High School foreign language teacher, is married with three small children.

SUSPENDED Feb 7 - Cunneely has been suspended without pay. The state requested— should Cunneely post bail— that he undergo a psycho-sexual evaluation before he is released. Judge James A. Farber granted this request, adding the evaluation must take place within 14 days.

SUSPENSION with PAY Feb 14 - The Kittatinny Board of Education has amended the suspension to suspension with pay.

When questioned by police, Cunneely allegedly admitted to having 15 to 20 sexual trysts with the girl at several motels, in his vehicle, in her bedroom and even in her mother’s bedroom, according to an arrest affidavit released by the Sussex County Prosecutor’s Office.

The article goes on to say that the eight-member board unanimously approved four measures on the issue, including motions to ratify Walker’s suspension of Cunneelly, to suspend him with pay, and to bar Cunneely from entering school grounds without first obtaining written permission from the superintendent. The panel also endorsed the school administration’s handling of the matter.

From the Sussex County Prosecutor's Office:

The Prosecutor invites all citizens to come to the courthouse to witness the criminal justice process from defendant's first appearance after arrest through trial. Open public courts are one of the most cherished liberties of the citizens of this great country and the proceedings provide valuable insights into many public issues.

INDICTED & NOT GUILTY PLEA UPDATE August 7 - Cunneely was indicted May 15 on one count of first-degree sexual assault, two counts of third-degree sexual contact and two counts of third-degree child endangerment. He pleaded not guilty at his arraignment on June 18. A plea agreement may be reached soon.

WANTS CONFESSION TOSSED Oct 15 - Cunneely wants his confession tossed out. Meanwhile, plea negotiations in the case have now stalled, as the state has received new "discovery" information in the case, Sussex County Assistant Prosecutor Francis Koch said.

GUILTY PLEA Dec 11 - Cunneely pleaded guilty to second degree sexual assault. The plea agreement calls for three years in prison.

He admitted having sex with her at motels, in his car, in her bedroom and in her mother's bedroom, according to an arrest affidavit.

The girl, who did not want Cunneely charged, was a "reluctant witness" and did not cooperate with the prosecution, attorneys on both sides of the case said.

The stance of the girl, who is now 16, might have helped Cunneely during a trial, but his confession and her account of the relationship to police made a strong case against him -- so he accepted a plea bargain, said his defense attorney, James Porfido.

He will be sentenced Feb 15.

The conviction will cost him his teaching job. He also faces lifetime community supervision under Megan's Law, parole supervision for life.

PLEA DEAL New Jersey Herald: (Dec 12) The plea deal calls for a three-year prison term at sentencing on Feb. 15. He also will have to register as a sex offender.

An investigation and admissions by Cunneely revealed a relationship involving sexual trysts, but not intercourse, since September 2006, according to the arrest affidavit. The last incident occurred in the victim's bedroom on Feb. 4, while the pair watched the Super Bowl, the affidavit said.

"Did you commit this crime of sexual assault?" Superior Court Judge N. Peter Conforti asked.
"Yes I did," Cunneely replied.

The Kittatinny Board of Education had suspended Cunneely — a French and Spanish teacher for seven years — after his arrest and discontinued his $55,000-a-year salary upon the indictment. He was also an adjunct professor at Sussex County Community College, from which he was suspended within days of his arrest.

Adjuncts are paid per semester, so the college paid off Cunneely's remaining contract last spring. Cunneely, sporting a navy suit, entered his plea in front of his wife and several other family members.

Cunneely accepted a downgrade to second-degree sex assault as part of the plea deal, and he will be sentenced under guidelines for third-degree crimes. Cunneely must register under Megan's Law and faces community and parole supervision for at least 15 years upon release.

He must pay court fines, submit a DNA sample at his own expense and undergo an evaluation at the Adult Diagnostic Treatment Cen-ter in Avenel. A backlog at Avenel may push back Cunneely's sentencing date, Porfido said.

Cunneely was the first of two Sussex County high school teachers to be arrested on sexual assault charges this year.

Richard Koppenaal Jr., 37, of Frankford, a math teacher at Sussex County Technical School, is accused of having sex with one male student and lewd encounters with another.
He was arrested and charged on Nov. 2, prompting his suspension with pay by the school board pending an indictment. TT - entry.

LAWSUIT - Mar 2 - Cunneely is being sued by the victim and her mother in federal court. The lawyer has an interesting history.

SENTENCING DELAYED March 29 - An "apparently sympathetic letter from the victim" caused the defense to ask for a two week delay in sentencing to allow the defense evaluate "whether the state can prove its case." At the time of the plea, the defense lawyer said the girl had been "generally uncooperative" with the prosecution of the case, suggesting she did not want to see Cunneely go to jail. Cunnelly and his lawyer will debate whether to withdraw the plea.

The plea downgraded the sex assault charge from a first-degree crime, punishable by up to 20 years in prison, to a second-degree crime as part of the plea. Cunneely was expected to be sentenced under third-degree guidelines.

Conviction carries risks and penalties. A sex offense would mean that Cunnelly would forfeit his teaching job, register under Megan's Law and faces community and parole supervision for at least 15 years upon release.

SENTENCED April 17 - Cunnelly was sentenced Thursday to three years in state prison. Cunneely, who received 98 days of credit for time served in the Sussex County Jail, will be eligible for parole within nine to 11 months, according to his attorney's estimate. He will be required to register as a sex offender under Megan's Law and will undergo parole supervision for life. He was ordered to forfeit his teaching license.

Cunneely was warned in December 2006 by administrators at the Hampton Township school to cut off his ties with the girl after they heard rumors that he was something more than just the girl's counselor.