Destrehan, LOUISIANA

March 18, 2008 - Byron Toups, 39, a band director at Destrehan High School, was arrested, accused of having sex with one 16-year-old student and trying to kiss another. He has been charged with molestation of a juvenile, indecent behavior with a juvenile and simple battery, all allegedly involving the two female students.

LEGAL: (from story) A 2007 state law prohibits sexual conduct between an educator and a student between the ages of 17 and 19. FIRST OFFENSE is a a misdemeanor and conviction can mean $1,000 and jail time of up to six months, or a fine of $1,000, or both. A SECOND OFFENSE can mean a minimum sentence of one year in jail, or up to five years, possibly in state prison, and has a fine of up to $5,000. A second offense can be a felony.

Bond was set at $150,000. The judge also ordered that Toups be prohibited from any contact with students younger than 19 that resulted in this telling exchange.

Toups asked whether the prohibition applied to his own two children. Granier said it does not. Toups then asked whether he could have contact with his fiancee's children.
"How old are they?" Granier asked.

Toups said they are 10 and 15.

"Absolutely not," [Assistant District Attorney Kim] McElwee interjected.

The judge ordered that he not be in contact with them. Arraignment is scheduled for April 7.

Anyone with information about Toups is asked to call Detective Sgt. Roanne Sampson at 985-783-1135.

NOT GUILTY PLEA April 7 - Toups pleaded not guilty in court this morning.

The molestation charges stem from allegations that Toups, 39, had sex with a 16-year-old student at his home during the 2006-07 school year.

The battery and intimidation charges are in connection with allegations that Toups tried to kiss a 17-year-old student at a band camp at Destrehan High School last summer. He allegedly locked the door to the room they were in and told her not to tell about his attempts to have physical contact with her.

The 17-year-old has lodged similar complaints in a civil suit filed in February against Toups.

TT - Some really interesting comments at the story. Several think the accusers ought to get on with their lives or share the responsibility. In response, one poster wrote:

I don't understand these comments about blaming these girls for becoming the victim of a pedophile. It's really quite disturbing. This a teacher, not some biker they met at a party. Seriously.

RECUSAL REFUSED August 2 - State District Judge Kirk Granier signed an order recusing himself from the case on June 12, saying both his and his secretary's sons were close friends of one of the victims and that the girl had talked to both boys about the case. He said his secretary's son probably would be called as a witness in the trial.

BUT state District Judge Emile St. Pierre, who was allotted the case after Granier withdrew, signed an order earlier this month that stated having a family member who knows about the case or a secretary whose son knows about it is not a legal basis for a recusal. Without a legal basis for the recusal, St. Pierre said, the case could not be reallocated to him, and he ordered it returned to Granier.