Long Beach, CALIFORNIA

Sentenced to two years in prison and registration as a sex offender for life.

December 8, 2008 - Sentencing has been delayed for John Kinard, 36, who pleaded no contest in November to having sex with two teenage girls. A charter school teacher in Los Angeles, Kinard also taught Spanish at Wilson High School in Long Beach.

Kinard was arrested in August. Both girls were age 15 and were friends or related to his fiancee's family. The plea requires him to register as a sex offender for the rest of his life. He faces up to nine years when he is sentenced. He will return to Long Beach Superior Court on April 7 for sentencing.
Full Name: John David Kinard

GUILTY - December 8, 2008 - Kinard pleaded no contest to having sex with the two girls.

SENTENCED - April 22, 2009 - Kinard was sentenced to two years in prison but with credit for one year served. Kinard will have to register as a sex offender for life and must submit to DNA profiling and AIDS testing and pay $10,000 as victim restitution.

Millbrae, CALIFORNIA

March 12, 2008 - David Lista, 35, a English and leadership teacher at Mills High School, was arrested Thursday. Police said he admitted filming female students in an adjoining bathroom. Charges will be determined for the videotaping.

Lista's classroom is located next to the bathroom where the images were taken from a camera placed in the ceiling, police and school officials said. "What happened was he accessed the false ceiling, which was a series of panels, and had broken out a small piece," Aronis said. School officials said the confiscated images, which police say were captured over one to two months, show 19 people using the bathroom.

A technology coordinator found the images on a school computer server. Police were notified and Lista was arrested when they found a small amount of methamphetamine in a search of his home. Lista taught at the school for seven years. [Another story says 10 years.]

Students at the school complained that Lista had other things on his mind. He consistently failed to grade papers and students passed a petition to get him to return papers. They took the petition to the principal.

Several students also said Lista was caught up in an episode last year involving links on his YouTube video-sharing account. "I saw it myself," said Alfred Tam, a senior who was in Lista's leadership class. "He had links to his 'favorites' that were all these videos of underage girls dancing in bikinis." The links were passed around the student body, Tam said.

School principal Paul Belzer declined to comment on the petition or the YouTube videos .[ TT - "It's a personnel matter." Translation: How dare you question our authority?] The union has offerred to lawyer him up.

Teachers' association president Craig Childress said Lista, who has been placed on administrative leave, is entitled to legal representation through the union.

"We've made attempts to notify him of his rights to representation," Childress said. "I'm not aware of whether he has taken that opportunity."

Arraignment is scheduled for April 8. The charges will depend upon whether he traded the images or not.

NEW CHARGES - CHILD PORNOGRAPHY April 4, 2008 - Lista was charged Friday with four felony child pornography counts, including possession of the mateirl with the intent to distribute, after investigators discovered that his home computer contains hundreds of pictures and videos of child pornography.

Lista admitted to the allegations that he filmed the students, police said. But prosecutors waited several weeks to charge him while FBI investigators examined the teacher's home computer for child pornography. Arraignment is scheduled for April 8.

ARRAIGNED April 8 - Lista was arraigned and remanded into custody this morning on drug and pornography charges. He pleaded not guilty. A preliminary hearing is scheduled for Lista on July 29.

HIDDEN CLASSROOM CAMERA April 9 - Lista also peeped on students using a hidden camera stashed under his classroom desk, prosecutors said Tuesday. Police found 20 images of students he had filmed during class — from a camera pasted under his desk - on a separate computer seized from his home. His home computer also contained hundreds of other pictures and videos accessed from a wide-reaching child pornography trade, investigators said.

BAIL CONDITIONS April 15 - Prosecutors asked for increased bail, but the judge denied the request. He did add stipulations that Lista cannot contact or be around minors, be around elementary, middle or high schools and he may only use the Internet to send personal e-mails or job hunt. He is currently out on $125,000 bail.

RESIGNATION April 19 - The San Mateo Union High School District board accepted Lista's resignation during a closed-door meeting Thursday night. Police said they also seized a small amount of methamphetamine at Lista’s home.

ARRAIGNMENT for COCAINE May 16 - Lista was arraigned for possession of cocaine. Lista was stopped by San Mateo police April 4 because they thought his driving seemed impaired. After questioning, Lista handed the officers a snorting tube with a quarter gram of cocaine. He is also facing one felony charge for drugs that were previously found at his home. A preliminary hearing is scheduled July 29 on the drug and pornography charges.

POSSIBLE PLEA AGREEMENT Aug 14 - Prosecutors have offered David Lista an undisclosed plea bargain but are holding off on formalizing any agreement. “We want to check into a few items first,” said Chief Deputy District Attorney Steve Wagstaffe, declining to elaborate.

PLEA AGREEMENT - August 29 - Lista pleaded no contest Thursday to felony charges of possession of child pornography and possession of methamphetamine, and misdemeanor charges stemming from the taping of girls in the bathroom and his classroom.

A misdemeanor charge of cocaine possession was dismissed. He will have to register as a sex offender. Lista is scheduled to be sentenced Oct. 30. A court-appointed psychiatrist will evaluate Lista before sentencing to determine whether he should be considered a sexual predator.

SENTENCED November 25 - Lista was sentenced Monday in San Mateo County Superior Court to two years in state prison. The three sentences to run concurrently — two years for drug use and possession, 16 months for possession of child pornography and 60 days for misdemeanor counts of improper peeping. Lista must also register as both a sex offender and narcotics offender.

Child Pornography and Educators
TT - List of educators sentenced for child pornography.
TT - List of educators guilty, but not yet sentenced, for child pornography.

Redding, CALIFORNIA

Pedophile previously arrested in 2001 on suspicion of touching an 11-year-old girl.

July 3, 2008 - Joshua Hoffman, 26, a fifth-grade teacher at Manzanita Elementary School, was arrested on suspicion of molesting three of his former students. He has been charged with six counts of child molestation.

Hoffman was arrested in August 2001 on by Glendora police on suspicion of touching an 11-year-old girl. The case was dropped by the Los Angeles County district attorney's office.

California Penal, Education and Labor codes forbid employers from asking about an employee's past arrests that didn't result in a conviction. [TT - Even if they work with children. Go figure.]

In a biography that appeared on the school's Web site until school officials removed it Wednesday, Hoffman wrote that he moved to Redding in March 2007 with his wife. He wrote that he earned a psychology degree and teaching credential from Azusa Pacific University, a Christian college near Los Angeles.
Full Name: Joshua Edward Hoffman

INDICTED August 23 - Hoffman was indicted by the grand jury and is due to go to trial in October 7.

GUILTY PLEA November 3 - Hoffman pleaded guilty this morning to having molested three of his former students. Previously arrested in 2001 on suspicion of touching an 11-year-old girl, that case was not prosecuted. Because of education and labor laws, Hoffman did not have to disclose the arrest when he became a teacher.

Part of the plea bargain was an agreement that he would be psychologically evaluated to see if he is suitable for probation. The results are expected to be announced November 24.

South Gate, CALIFORNIA

MANDATORY REPORTERS SENTENCED
Two Los Angeles school administrators each pleaded to failing to report child abuse.
Neither will, of course, lose their teaching or administrative licenses, although there are few crimes that warrant it more.

When children are not the first concern of educators, when they act to protect colleagues rather than students, the system that does not punish them and remove them is a gross violation of the public trust.

May 1, 2008 - Prosecutors today charged two school administrators, Jesus I. Angulo, 35, principal of South East High School, and Maria Sotomayor, 36, assistant principal, with one count each of failure to report child abuse.

Angulo and Sotomayor, both of Downey, allegedly learned of a sex between a minor female student and a 30-year-old substitute teacher seven months after it took place and failed to report it. Angulo and Sotomayor now face as many as six months in jail and a $1,000 fine.

The teacher, Jesus Salvador Saenz, 30, was arrested in March and has been charged with a felony for having unlawful intercourse with a minor, prosecutors said.
Case No. TA095986
----------
Los Angeles County District Attorney's Office Press Release (dated May 1, 2008)
"The complaint alleges that the two willfully and unlawfully failed to make a report as required by law when, in their professional capacity and within the scope of their employment, they learned that a student had been the victim of child abuse."
Case No. 8CA03401

TT - Typical for Los Angeles, there are no online stories of Saenz's arrest. The arrests of the school administrators came on the same day that three girls testified against Steven Thomas Rooney, a vice-principal at a middle school who was transferred to the middle school despite allegations of sexual misconduct at a prior school. TT entry for Rooney

TWO ADMINISTRATORS REMOVED - May 7 - Two senior Los Angeles school district administrators have been removed from their jobs for failing to investigate allegations of sexual misconduct against an employee and then clearing him to work at a Watts middle school, where he allegedly molested two additional students.

Local district Supt. Carol Truscott and Scott Braxton, who formerly worked for Truscott, have been relieved of duties and assigned to the central office pending further investigation into how they dealt with former Assistant Principal Stephen Thomas Rooney.

Senior Deputy Supt. Ramon C. Cortines noted that 75 current employees are on hold in "non-school" positions pending investigations into alleged inappropriate conduct.

TT entry for Truscott and Braxton.

ARGULO PLEA & SENTENCING September 4 - Argulo pleaded no contest to one misdemeanor count of failure to report child abuse. He was sentenced to two years of probation and 100 hours of community service.

SOTOMAYOR PLEA & SENTENCING November 3 - Sotomayor pleaded guilty to failing to report an alleged sexual encounter between a teacher and a student and was sentenced to a year of probation and 100 hours of community service.
See also - Los Angeles District Attorney's Office Press Release (dated Nov. 3, 2008)

Hayward, CALIFORNIA

Yeah. Everyone wants their kindergartners pledging not to use anti-lesbian, gay, bisexual and transgender language.

October 31, 2008 - "School Clams Up on 'Gay' Pledge Cards Given to Kindergartners"

A California school system refuses to say what action, if any, it will take after it received complaints about a kindergarten teacher who encouraged her students to sign "pledge cards" in support of gays.

(Click graphic to enlarge.)

During a celebration of National Ally Week, Tara Miller, a teacher at the Faith Ringgold School of Arts and Science in Hayward, Calif., passed out cards produced by the Gay, Lesbian and Straight Education Network to her class of kindergartners.

The cards asked signers to be "an ally" and to pledge to "not use anti-LGBT (lesbian, gay, bisexual and transgender) language or slurs; intervene, when I feel I can, in situations where others are using anti-LGBT language or harassing other students and actively support safer schools efforts."

The school has acknowledged that the exercise was not appropriate for kindergartners.

The district said the pledge cards were intended for middle school and high school students.
--------------
Dear Teacher,

Why don't you leave us alone and let us be children? And take your stupid politics to Berkeley or someplace else. What's wrong with kindergartners having a safe and protected childhood?

Thank you,
Jennifer

San Jose, CALIFORNIA

Another band director in the news.


August 12, 2008 - James Barany, 37, band director for William C. Overfelt High School, was arrested for attempting to solicit lewd acts from a minor over the Internet. Barany initiated a chat room conversation with a detective he believed was a 13 year-old girl, police said.

During the course of the conversation, Barany agreed to meet with the girl at a location in Santa Cruz where he was arrested. He is on paid administrative leave pending the outcome of the investigation.

Barany's previous job was as band director at Evergreen Valley High School in San Jose.

Photo: Santa Cruz Police Department

RESIGNATION August 13 - Barany resigned after his arrest. According to police,

Barany contacted the girl within seconds of her logging into a chat room, police said. They chatted on-and-off for much of the day and during the conversation, Barany arranged to meet the girl at an undisclosed location in Santa Cruz on Tuesday, according to police.

Police said he never made it to his destination. He was arrested on Soquel Avenue near Morrissey Boulevard around 3 p.m. The girl was actually a Midwest housewife working with the group Perverted Justice.

IN COURT August 16 - Barany appeared in court Friday but did not enter a plea. He asked for for time to hire his own attorney. He returns to court Sept. 3 to enter a plea.

GUILTY PLEA October 31 - Barany pleaded guilty to one felony count of communicating with a person believed to be a minor for the purpose of arranging a sexual encounter.
He will be sentenced in December. He will have to REGISTER AS A SEX OFFENDER for the rest of his life.

Main City, CALIFORNIA

School district investigates principal's response.

October 31, 2008 -

The Alisal Union School District is investigating whether a principal properly alerted authorities after four students alleged they were inappropriately touched by their teacher, convicted child molester John Hawthorne.

District Superintendent Esperanza Zendejas said she has assigned an administrator and the district's legal counsel to investigate the handling of the case.

The reason?

At Hawthorne's sentencing last week, prosecutor Gary Thelander said Salazar, then principal of Dr. Martin Luther King Jr. Academy, did not initially report the girls' claims, adding to their hesitance to cooperate with authorities. Hawthorne was the girls' teacher in a multi-level "newcomers" class for recent immigrants.

After reviewing evidence, Thelander said Thursday that Salazar had met her requirements as a "mandatory reporter" because she was "in contact" with Monterey County Child Protective Services the day she met with the girls and filled out required forms.

However,

Even though the letter of the law may have been followed, Thelander said, he is still troubled by the fact that Salazar met with Hawthorne after hearing the girls' complaints, apparently concluded they were not credible and allowed the teacher to return to the classroom with the students the next day, April 13, 2007, a Friday.

"It's all part and parcel of ... why the kids were hesitant to come forward," the prosecutor said of the principal's reaction.

FALSE REPORTS RARE

While credibility is always an element of investigating a molestation allegation, District Superintendent Esperanza said, false reports by elementary school students are rare.

OUTRAGEOUS
Even after police discovered the child porn and Hawthorne pleaded guilty in the case, five teachers wrote to the court — one on California Teachers Association letterhead — asking for leniency in his case.
-----------------------
TT - Hawthorne was sentenced to 10 years in prison. He admitted to molesting more than a dozen students in 2007. He will have to register as a sex offender for the rest of his life. TT entry for Hawthorne.

La Mesa, CALIFORNIA

Nominee for headline that misses the point of the whole story.

October 31, 2008 - "Sex Scandals Prompt Call For School Board Member's Resignation"
Helix High School board want either the resignation, censure or apology of a Grossmont Union High School District board member.

Helix officials sent a letter asking for the resignation of trustee Jim Kelly because he accused Helix of covering up teacher-student sex scandals.

At a news conference last week, Kelly said the La Mesa charter school is hiding information regarding two incidents of teachers having sexual relationships with students.

The two cases are in addition to the four Helix teachers who have already been convicted of having sex with students in past two years, Kelly said.

The above article was based upon this San Diego Union-Tribune story.

The Grossmont Union High School District has limited oversight over Helix, a charter school in La Mesa where four former teachers have been convicted of sex crimes involving students in two years.

Kelly and two candidates he's supporting for the Grossmont governing board, Meg Jedynak and Gary Woods, have said or strongly implied at public meetings and at a news conference Kelly called last week that six cases have occurred and that Helix High officials are hiding information and refusing to cooperate with a district investigation. Helix officials insist the school is cooperating and that they know of only the four cases.

-------------------------
TT - We call Helix the High School from Hell. Entry

It seems to us that Jim Kelly is the only Grossmont Union High School District governing board member acting responsibly. You can understand two teachers being sentenced for having sex with students, but four??? Without a single change in management of the school and without any public censure. Something is decidedly odd at the school, and if Kelly knows of two other cases that may not have resulted in criminal charges but amount to teacher misconduct with students, it ought to be public knowledge.

School boards have oversight over charter schools. Even limited oversight allows them to publicly criticize the charter school without inviting litigation from victims or their parents. Frankly, we're surprised that no one has sued them yet. If parents don't want the publicity that comes with a lawsuit against Helix, someone should hold them accountable. Because no one is so far. Except Jim Kelly.

This is another reason why states should have disciplinary actions online. California does not.

A charter school should not be publicly funded but run like a private school.

Inglewood, CALIFORNIA

October 30, 2008 - William Mangan, 67, a teacher at Inglewood Middle School, was arrested, accused of fondling two girls at the school.

The 13-year-old girl told school officials Mangan fondled her clothed breast during class. Another student, a 12-year-old girl, later said another student witnessed Mangan touching her buttocks in class about a month before, police said.
Full Name: William Nelson Mangan

Anyone with additional information regarding this investigation can call the Inglewood Police Department's Special Victims Section at (310) 412-5272 or (888) 41-CRIME.

Orange, CALIFORNIA

October 29, 2008 - Carlie Attebury, 29, a music teacher at El Modena High School was arrested October 13 on suspicion of lewd acts with a minor.

The Orange County District Attorney's Office is now reviewing the case. Orange Police Department Sgt. Dan Adams said that they expected charges to be filed soon. Attebury was arrested after detectives interviewed her about the allegations that were reported to them three days earlier.

Orange Unified School District officials said Attebury was on paid administrative leave. A long-term substitute teacher was standing in for Attebury.
Full Name: Carlie Rose Attebury

Anyone with information about this recent investigation is asked to call Detective Scott Trausch at 714-744-7579.

From article: QUOTE This is the second alleged incident in four years involving staff at El Modena High.
Former principal Brent Bailey resigned in February of 2007 following a misdemeanor charge against him for allegedly engaging in lewd conduct in public. Bailey, accused of trying to engage in lewd activities at a park in Fullerton, pleaded guilty in June of 2007 and received three years' probation. TT entry for Bailey

Former band director Jason Cawelti was arrested on Dec. 5, 2003 on charges of unlawful sexual intercourse with a minor. Cawelti pleaded guilty to unlawful sexual intercourse and oral copulation of a person under age 18 in June of 2004. He was sentenced to 180 days in jail and three years' probation, which he completed in June of 2007.QUOTE

TT - For the record, if they were sentenced, the incidents were not alleged. They happened. And wouldn't this be the third arrest in five years?

CHARGED October 31 - Attebury was charged with eight felony counts: two counts of unlawful sexual intercourse and six other counts, including dissuading a witness from reporting a crime. The boy was between the ages of 15 to 16. She has been on paid leave. But today, the Orange Unified School District changed Attebury's status to unpaid leave, according to a district official.

Azusa, CALIFORNIA

First day of teaching.

Jury unable to decide. Judge drops charges.

April 3, 2008 - Virgil Harper, 65, a substitute teacher at Powell Elementary School, was arrested Thursday on suspicion of 10 counts of lewd acts with children, authorities said.

The arrest came 10 days after children at the elementary school reported Harper touched them inappropriately. Investigators believe the alleged acts took place over a one and a half hour period on what district officials said was Harper's first day teaching at the school.
Full Name: Virgil Cleon Harper AKA Cleon Harper AKA V Cleon Harper

Student accuses substitute of inapproriate touching (March 27)
Police are investigating allegations of inappropriate conduct by a teacher at an elementary school, officials said Thursday. Officials confirmed the substitute teacher - whose identity was not released pending the investigation - has been accused of inappropriately touching fourth-graders at Powell Elementary on Mauna Loa Avenue

Harper was being held at the Azusa city jail today pending a court hearing Monday at L.A. County Superior Court in Pomona.

April 4 - Since 2000, Harper has taught at 11 other schools in the district, ranging from the elementary to high school level. He is a commissioner on Azusa's Architectural Barriers Commission, a board member of Stepping Stones for Women, an organization that provides services for single mothers and their children, and a former adjunct professor at Azusa Pacific University. His wife strongly denies the allegations.
---------------------------
Los Angeles County District Attorney Press Release (dated Apr 7, 2008)
Case No. KA082693
---------------------------
TT - Students at Rate My Professor rated him as poor. One commented that Harper "got fired halfway through his first semester of undergraduate teaching...does that explain it? "
---------------------------
CHARGED April 7 - Harper was charged on Monday with nine counts of lewd act on a child under age 14. Harper's arraignment is scheduled for April 18.

NOT GUILTY PLEA April 19 - Harper pleaded not guilty to 9 counts of child molestation. A preliminary is scheduled for May 8.

HUNG JURY - JUDGE DROPS CHARGES October 28 - A jury deliberated for three days before failing to reach a decision Monday. Seven jurors believed Harper was guilty while five believed he was not. The judge Tuesday dropped lewd conduct charges against Harper, calling the accusations "implausible," officials said.

HUNG JURY, JUDGE DROPS CHARGES

Palos Verdes, CALIFORNIA

Sixty days in the local jail. Registration as a sex offender for life.

August 17, 2008 - Barry Sacks, 49, a Peninsula High School walk-on coach who also runs youth athletic camps , was arrested on July 16, accused of nine misdemeanor counts of child molestation. The charges fuel "mixed emotions.

Several former female athletes who Sacks has coached or worked with declined to be interviewed for this article, but said in e-mails that he is kind, warm and incapable of such conduct.

Some of them have lashed out at the alleged victims, accusing them of trying to oust Sacks, and at the Daily Breeze, for ruining his life by publishing a story about his court case.

The alleged acts involved nine girls, who were all 15 and 16 years old and involve "inappropriate touching" of a sexual nature.

Sacks was fired from his coaching job in June. He has also coached at Bishop Montgomery and Palos Verdes high schools. He is scheduled to be arraigned Aug. 27 in Torrance Superior Court.
--------------------
ONLINE RESOURCE: Daily Breeze reporter Denise Nix maintains a blog to track South Bay crimes in the courts called Court Tracker. It's the kind of responsible public service that all newspapers should provide.
Reader Reaction to the Sacks story and how Nix found out about the charges.
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GUILTY PLEA & SENTENCING October 28 - Sacks pleaded guilty Monday to two counts of child molestation and was sentenced to 60 days in jail. Sacks can serve the time in a city jail instead of a county facility, and will likely do so. He will be on probation five years.

He will undergo 52 weeks of sex offender counseling, In exchange for his plea, seven other counts against Sacks were dismissed by prosecutors. Sacks will also have to REGISTER AS A SEX OFFENDER FOR THE REST OF HIS LIFE.

Los Angeles, CALIFORNIA

Sometimes you have to dig for the story.

NEWS ITEM

October 21, 2008 - Three girls were awarded total of $1.6 million by a Los Angeles Superior Court panel. All three girls were inappropriately touched by the aide, Ricardo Guevara, when they were ages 5 and 6 while attending Miramonte Early Education Center in 2002-03, according to trial testimony.

The district admitted liability before the trial.

"In a trial of this matter, LAUSD acknowledged responsibility for the acts of a former employee and the damage he caused to the plaintiffs and their families," the statement reads. "In order to spare our students the need to recount and relive the details of the incidents, we stipulated to liability for the acts."

Guevara was convicted of molesting the girls and sentenced in September 2005 to 15 years to life in state prison.
-------------------------
TT - What is missing in such stories is the reason why the school district was liable. You don't pay out $1.6 million because you kinda feel bad about the whole thing. Districts and their insurance carriers pay because they have to. Which meant they did something, or failed to do something, that left them liable for damages.

You have to search around for the probable reason. This Mercury News story includes information that the (Los Angeles) Daily Breeze found unimportant.

Guevara had been accused of molesting another Miramonte student previously. Sheriff's deputies investigated and he was removed from the classroom.

When prosecutors decided not to pursue the case, he returned to the school.

In fact, as the Los Angeles Times reported, Guervara was accused accused of molesting another Miramonte student in 2002 as well as another student in 1995.

Marin City, CALIFORNIA

Apr 19, 2007 - ARRESTED. John Hawthorne, 42, a teacher at Martin Luther King Academy, was arrested on suspicion of charges that he molested and annoyed his students

He was arrested at school at 9:44 a.m. after an investigation where they learned about incidents of alleged inappropriate behavior on the part of the teacher. There are alleged to be several victims.

Anyone with information about this case may call police at 831-758-7128. He is being held on $400,000 bail.

Apr 20 - The Californian:

The allegations against Hawthorne come as the latest in a series of molestation and child pornography accusations over the past few years against Salinas-area men in charge of young children.

In February, David Martin, 42, a longtime youth football and baseball coach in Salinas, pleaded no contest to two counts of lewd acts against an 8-year-old girl who was a friend of his family's. Larry Mead, 46, formerly a teacher at University Park School in Salinas, last fall received federal and state prison sentences totaling six years after pleading guilty to possessing and transmitting child pornography.

In January 2005, Esteban "Steven" Bojorquez of Greenfield, a 39-year-old bus driver and custodian for Mission Union School outside Soledad, was arrested on suspicion of molesting four girls younger than 14 years old. He died in custody before court proceedings could be completed.

[Bolding ours.] A preliminary is scheduled for May 4.

ARRAIGNED Apr 24 - Hawthorne was arraigned in court today and pleaded not guilty to eight felony counts of lewd acts with a child involving a total five children.

PRE-TRIAL HEARING May 17 - Hawthorne was in court for his pre-trial hearing. He had asked for a bail reduction, but the judge denied it. He is being held on $800,000 bail.

ADDITIONAL CHARGES August 3 - Prosecutors added an additional 12 counts of molestation and child pornography. The amended complaint adds charges that involve seven new victims and thousands of "pornographic" images investigators allegedly found on his personal computer. Hawthorne was remanded back into custody.

NEWSPAPER STORY amended (by paper) - The amended complaint Friday charged Hawthorne with 30 new counts of child molestation and possession of child pornography. There are an alleged eight additional victims and 20 felony counts of possession of child pornography.

[Defense attorney Joseph Cisneros] said Hawthorne told him that the first girl's allegations were brought to his attention by Principal Dora Salazar.

Hawthorne said Salazar told him she doubted the girl because she had changed her story and because Hawthorne disciplined her earlier in the day.

According to the original charges, four girls soon came forward to say they had been touched inappropriately between August 2006 and April. Since then, Thelander said Friday, eight more girls leveled allegations that range from hugging, to touching a girl's breast, and fondling a girl's thigh.

A change this year in state law allowed the child pornography charges as felonies. California law formerly precluded a felony charge for a first child-porn offense.

HAWTHORNE CHARGED IN TWO SCHOOLS August 8 - The Californian reports that Hawthorne has been charged with molesting 13 different students at two different Monterey County elementary schools. As for the porn charges,

Monterey County prosecutor Gary Thelander said the teacher, John Hawthorne of Soquel, used Photoshop software to paste digital pictures of the faces of female students on pornographic photos taken from the Internet. During the investigation authorities found thousands of pornographic images of prepubescent girls, The-lander said.

Hawthorne's bail has been increased to $2 million based on the new charges.

PRELIM WAIVED Sept 14 - Hawthorne waived his right to a prelimary hearing to determine if there is sufficient evidence to hold him. He will be arraigned Oct 11.

GUILTY PLEA Sept 4, 2008 - Hawthorne pleaded guilty today to eight counts of child molestation, with a special enhancement of multiple victims, and one count of possessing child porn. The plea deal call for him to be sentenced to state prison for up to 16 years with a minimum of six years, and registration as a sex offender for life.

“This will prevent him from holding a teaching credential,” [Hulsey, a county assistant district attorney Stephanie] Hulsey said. “He will not be able to teach anywhere in the state of California, and I doubt another state will give him a credential for this.”

There were meetings with the victims’ families and the disposition reached was to (their) satisfaction. “Their primary concern was not to go through a trial,” Hulsey said. Hawthorne is scheduled for sentencing Oct. 24.

SENTENCED October 24 - Hawthorne was sentenced to 10 years and 8 months in prison for molesting his students. He admitted to molesting more than a dozen students in 2007. He will have to register as a SEX OFFENDER FOR THE REST OF HIS LIFE.

INVESTIGATION MIGHT NEVER HAVE HAPPENED
The Californian (October 25).

But prosecutors said the blame does not stop with Hawthorne.

Monterey County Deputy District Attorney Gary Thelander told the court Friday that the investigation would never have happened if left in the hands of the Academy's principal. That principal, Thelander said, refused to contact Child Protective Services after four girls approached the school's administration with the allegations.

A call from a school counselor after that refusal led to Hawthorne's arrest in April 2007.

Thelander had something to say about the letters of support for the admitted pedophile.

Thelander said. "I've a certain disappointment in the (letters') complete disregard for the victims in this case."

The Herald (October 27) "Pedophile gets 10 years"
QUOTE Judge Adrienne Grover said the victims, ages 10 to 12, were the daughters of migrant workers who were more fearful to report misconduct by a male authority figure. UNQUOTE

"By the time Hawthorne entered his plea, Prosecutor Gary Thelander said, nine of the 13 victims discontinued contact with the District Attorney's Office, hampering his case. "
-----------------------
TT - Bizarre note: Hawthorne had been facing 16 years in prison, but the judge gave some leniency because he confessed to the crimes. Is that because of the convenience to the judicial process or because of his remorse? And in what way does that serve the victims?

There will, of course, be no charges filed against the school principal for his failure to follow the law. Had a doctor or a health care worker or a psychologist refused to obey the law that requires them to report suspected abuse, they would be severely disciplined. If not by the law, then by their professional organizations. And what does that say?

UPDATE - The prosecutor says that principal Salazar had met her requirements as a "mandatory reporter" because she was "in contact" with Monterey County Child Protective Services the day she met with the girls and filled out required forms.

Even though the letter of the law may have been followed, Thelander said, he is still troubled by the fact that Salazar met with Hawthorne after hearing the girls' complaints, apparently concluded they were not credible and allowed the teacher to return to the classroom with the students the next day, April 13, 2007, a Friday.

The following Monday, after CPS notified Salinas police and a criminal investigation began, Hawthorne was placed on paid leave. He was arrested for child molestation several days later, after a search of his home in which his computer was seized.

"It's all part and parcel of ... why the kids were hesitant to come forward," the prosecutor said of the principal's reaction.

SEE entry on this story and outrageous action of several teachers.

San Diego, CALIFORNIA

ARRAIGNED October 7, 2008 - Tina Kafka, 58, a teacher at Explorer Elementary Charter School, was arraigned in Federal court on Tuesday.

She was arrested October 3 on a bench warrant issued in connection with a one-count indictment charging her with intentionally causing damage to a protected computer.

The indictment alleges that beginning in December 2006 and continuing through November 2007, Kafka, a teacher at Explorer Elementary Charter School, gained unauthorized access to the employees' e-mail accounts and read their e-mail messages.

The defendant also tried to forward one of the e-mails to a local newspaper, according to the indictment.
----------------------
WE FOUND:
Office of the U.S. Attorney Southern California District Press Release (dated Oct. 6, 2008)
- Kafka was indicted by a federal grand jury sitting in San Diego on October 2, 2008. She was arrested by agents of the Federal Bureau of Investigation on October 3, 2008 pursuant to a bench warrant issued in connection with the indictment. Her next court appearance is November 10, 2008.

Pasadena, CALIFORNIA

Two San Gabriel Valley, California teachers were arrested for child pornography in separate incidents the same day.

Nov 29, 2007 - In Pasadena, David Hassler, 62, a religious studies teacher at Mayfield Senior School School of the Holy Child Jesus, was arrested and has been charged with possession of child pornography. When Immigration and Customs Enforcement officers searched his home, they also found numerous printed images of child pornography, downloaded from the Internet.

In Lynwood, Kenneth Kothe, 61, a first grade teacher at Lincoln Elementary School, was taken into custody on suspicion of possessing child pornography after investigators found hundreds of printed images of child pornography in his home that he actually admitted to downloading. Kothe lives in Alhambra. TT entry for Kothe.

The suspects were arrested this week on state charges, but ICE officials said the agency is considering bringing federal charges against the three men. (The third man was a West Hollywood man.)

Other San Gabriel Valley teachers in the news this past year:
Jonathan Poyner, 21, Rio Hondo Preparatory School in Arcadia - sentenced to 17 years
Philip Sutliff, 34, Arcadia High School - sentenced to 12 years, 8 months
Andrew Barnes, 25, South Hills High School in West Covina, - sentenced to two years in prison
Julio Cardoza, 29, John Muir High School in Pasadena - in prison (no sentencing information found)

NOT GUILTY PLEA Jan 22 - Hassler pleaded not guilty. His trial is scheduled for March 1.

GUILTY PLEA Oct 6 - Hassler pleaded guilty today to a federal charge of possession of child pornography for having hundreds of images on his home computer. He is scheduled to be sentenced by United States District Judge Dale S. Fischer on January 26, 2009.

Child Pornography and Educators
TT - List of educators sentenced for child pornography.
TT - List of educators guilty, but not yet sentenced.

Vacaville, CALIFORNIA

In court (again) for parole violation.

Nov 30, 2006 -A trial date has been set for Kenneth Anderson, 56, a 4th grade elementary school teacher. He has been charged with 14 felony counts involving nine students since 1991.

Anderson was arrested in April 2005 and has been suspended by the district. The trial is set for February 15th, 2007.

TRIAL Feb 16, 2007 - The trial is underway and jurors were empaneled.

Following further investigation into the allegations - which also involved what were described as "massages" - the District Attorney's Office filed an amended felony complaint against Anderson, charging a total of 14 counts involving nine students. The latest complaint against Anderson also charges engaging in three or more acts of sexual conduct with a child under 14 years of age during a period of not less than three months.

UPDATE Feb 23 - Anderson testified in his own defense in a jury trial that started last week.

UPDATE Feb 27 - The jury has begun deliberations after a five day trial.

MISTRIAL Feb 28 - A mistrial was declared after the jury deadlocked. will return to Solano County Superior Court March 13 for a readiness conference and setting of a new trial date if the prosecution proceeds with the case.

NO CONTEST PLEA Mar 28 - Anderson has pleaded no contest to committing a lewd act with a child under age 14 and to continuous sexual abuse of a child. In exchange for the plea, his attorney says Anderson will do no prison time.

Chastaine said Anderson did not want to risk spending the rest of his life in prison if he were convicted at a re-trial and did not want to put the families through another trial.

He will be sentenced May 22.

SENTENCING DELAYED May 22 - Sentencing has been delayed while another psychologist examines Anderson. The doctor's report and sentencing is scheduled for June 19, Chastaine said. Apparently, the plea agreement means Anderson will not serve time in state prison but could face a year in county jail.

SENTENCED June 20 - Anderson was sentenced to to one year jail and five years' probation. He gets to serve six months' of his jail time nder electronically monitored home confinement or another alternative to jail. HE MUST ALSO REGISTER AS A SEX OFFENDER.

From the Vacavile Reporter:

The prosecutor in the case, Deputy District Attorney Krishna Abrams, told the court Tuesday that a pre-sentence psychological examination of Anderson indicated that he was an unrepentant pedophile who became aroused during contact with children.

"I've seen no remorse on the part of the defendant," Abrams stated.

BACK IN COURT Jan 26, 2008 - Four days after completion of his six month jail sentence for child molestation, Anderson was in violation of his probation by having webcam contact with two 7-year-old girls.

Abrams said Anderson finished his jail sentence on the molestation conviction on Dec. 21. Four days later, she stated, he is believed to have purchased webcam equipment and made contact with two 7-year-old girls.

"He was less than four days out of custody and he was contacting minors," Abrams charged.

Jan 31 - Anderson admitted violating his probation by having webcam contact with two 7-year-old girls. His lawyer said that he knew he had "technically" violated the order but didn't realize the web-cam contact was inappropriate. NOTE AT STORY:

A story that ran in The Reporter's Jan. 26 edition needs clarification. The article stated that convicted child molester, Kenneth Anderson, had Webcam contact with two seven-year-old girls.

Anderson's daughter, Jennifer George, told the Reporter on Saturday that the two children involved, a boy and a girl, are Anderson's grandchildren and George's children. George said she initiated and approved the Webcam meeting and did not intend for the meeting to violate the terms of Anderson's probation agreement.

After hearing arguments from both attorneys, Judge Harrison scheduled 9 a.m. March 7 for further hearing on the violation and receipt of a supplemental probation report.

March 8 - The judge ordered Anderson's probation reinstated with the warning that any future violation of the agreement could result in the imposition of a state prison sentence.

PRELIMINARY SCHEDULED July 31 - Anderson will be back in court Monday on for a preliminary hearing into ammunition and probation violation charges. He is charged with being a convicted felon in possession of ammunition. In June, Vacaville police reportedly conducted a probation check at his home and turned up a small quantity of ammunition.

THANK YOU for the correction.

Turlock, CALIFORNIA

Feb 8, 2008 - Carl Kubicek, 35, a math teacher at Pitman High School, was arrested, along with a Turlock police officer on sex charges involving a 17-year-old girl in the police department's Explorer youth program.

The officer came under investigation following a report filed by the mother of the girl regarding one of her daughter’s Pitman High School teachers. In the investigation, the police officer's name came up.

Police Chief Gary Hampton said the abuse took place over eight months. He called the conduct egregious and apologized to the community on behalf of the department.
Full Name: Carl Troy Kubicek

Feb 10 - From the Modesto Bee: Neither men knew each other and the relationship with the girl did not overlap. Kubicek was placed on administrative leave.

Feb 29 - The criminal complaint filed Thursday detailed the encounters and charges. Kubicek has been charged with five felonies and one misdemeanor. Four of the felony charges allege unlawful sexual intercourse with the 17-year-old, who is referred to as Jane Doe in legal papers. Another felony charge alleges oral copulation with a person under 18, in a classroom, in the period from Sept. 1 to Feb. 5. The misdemeanor charge, exploitation of a minor, suggests that the teacher took inappropriate photos of the student.

NO CONTEST July 22 - Kubicek pleaded no contest to two counts of unlawful sexual intercourse that took place in the girl's home and in a Pitman High classroom. Three felony charges were dropped in return for Kubicek's plea Friday, including one count of oral copulation with a minor and two additional counts of unlawful sexual intercourse.

The exploitation of a minor that involved photographs of the teen on a cell phone camera, was dismissed because of insufficient evidence. A sentencing hearing is scheduled for August 21.

August 18 - Former Turlock police officer Jorge Cruz pleaded no contest to three felony sex crimes involving the teenager who was a Police Explorer. Cruz is scheduled to be sentenced Sept. 8. Kubicek is scheduled to be sentenced Thursday. (Cruz was sentenced to 16 months in prison.)

SENTENCING DELAYED August 22 - Sentencing has been delayed until Oct. 16, when Stanislaus County Superior Court Judge John G. Whiteside is back from medical leave. Kubicek has the legal right to be sentenced before the same judge who accepted his plea.

SENTENCED (Sorta) October 17 - Kubicek was sentenced (sorta) to 210 days in jail - not prison - and three years formal probation.

The impact was compounded, said the mother, because the teenager had also been sexually assaulted by former Turlock police officer Jorge Cruz. He was sentenced last week.

Kubicek began his relationship with the teen after she told him of the assault by Cruz, but Kubicek did not report it, according to prosecutors. As a teacher, Kubicek was a mandated reporter.

"If he had done his job eight months ago, we wouldn't be here today," said the victim's mother.

The victim also said she didn't want the court to issue a stay-way order, but Judge John Whiteside issued it anyway. He said Kubicek is married and "he's got no business having a relationship with an 18-year-old."

TT - And he'll never be prosecuted for failing to report either which shows how much the school district and the prosecutor think of mandated reporting laws. Hopefully, the parents will sue the district since they are precluded from suing Kubicek because of the no contest plea.

EXTRA TIME December 8 - Stanislaus County Superior Court Judge John G. Whiteside added an extra two months to Kubicek's jail sentence today for violating an order that he stay away from his victim. Whiteside had previously ordered Kubicek to stay away from the victim until his jail sentence and three-year probation were complete.

County probation officers arrested Kubicek last month after Modesto police found him and the now-18-year-old girl in a Honda Civic near Coleman Brown Park.

La Mesa, CALIFORNIA

This has got to be the School from Hell.
Fourth time in two years a teacher at Helix Charter High School is accused of sentenced for having sex with a student.

RESIGNED June 20, 2008 - Helix High School teacher Jeff Wenham, 46, has resigned after being accused of having an inappropriate relationship with a student, the same teenage girl that a geography teacher at the school was accused of having sex with, authorities said. That teacher was Garry Wilcox, 41. He was arrested in May.

The girl's father came to the station a week ago to report that his now 18-year-old daughter had been involved with Wenham. The teacher resigned the same day. Police are recommending that misdemeanor child-molestation charges be filed against him. They are forwarding the complaint to the District Attorney's office for review

Wenham, who is married, taught at the school for six years. Wenham had been scheduled to replace a retiring assistant principal.

As a result of the previous incidents, the school said they are contracting with the National Institute of Ethics to "evaluate our needs, develop appropriate training, and participate in obtaining ethical certification." The process is slated to begin in July. [TT - something they announced back in May. Entry We still have the same criticisms and think parents should be involved in developing training in order to educate parents, and, through them, students.]

June 24 - The governing board approved paying the National Institute of Ethics $43,000 to develop training to prevent teacher sexual misconduct.

SENTENCED (Sorta) October 15, 2008 - Wexham was sentenced to 60 days in a work program where he spends his nights in a locked building, followed by three years probation. The judge also ordered Wenham to undergo counseling. He will have to perform 20 days of community service.
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La Mesa Police Dept. Press Release PDF on Wenham. (dated June 20, 2008)
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All links are to TT entries.
Frank Palumbo, 27, assistant band director, victim age 17.
No jail or prison time. No sex registration. Sentenced April 2007.
Sentenced to five years of probation.

Jessica Kahal, 22, music teacher and band director, victim age 17, male.
No jail or prison time. No sex registration. Sentenced Feb 2008.
Sentenced to three years of probation.

Garry Wilcox, 43, geography teacher and coach, victim age 17.
Arrested May 2008. Arraigned June 3. Pleaded guilty in July.
Sentenced to one year in jail and three years probation in August.

Los Angeles, CALIFORNIA

June 12, 2008 - Alan P. Hubbard, 49, a Los Angeles Unified School District administrator surrendered today to face charges that he withheld evidence against another a colleague who was charged with sex-related crimes involving three girls.

Hubbard will be arraigned on Friday on one felony count each of obstruction of justice and being an accessory after the fact, according to the District Attorney's Office.

Prosecutors allege that Hubbard knew about the relationship between Steve Thomas Rooney and a student but did not report it. In addition, he is accused of dissuading the girl from reporting the relationship to authorities, according to the District Attorney's Office.

The young woman -- who has sued Rooney and the school district -- testified that she initially spoke with police in early 2007 about her relationship with Rooney, but recanted after speaking with a dean at the school because she was still in love with Rooney.

Full Name: Alan P. Hubbard
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TT - Hubbard's name previously showed up in a story about Lief Arnesen Albaugh, the 27-year-old band teacher arrested at the same school on pornography charges. TT - entry

[T]he Foshay dean, who was identified by authorities in court as "Mr. Hubbard," kept photos, notes and a scrapbook that documented the relationship between Rooney and a former Foshay student. Among the materials, presented by prosecutors in court last month, were photos showing Rooney and the underage girl kissing.

Despite that, Rooney was transferred to another school where he was arrested on suspicion of kidnapping and two counts of sexually assaulting a student. Since then, he has been charged with molesting two other students. TT entry for Rooney

Two senior administrators were relieved of their duties while the district has charged them with failure to investigate Rooney before his transfer. TT entry

Los Angeles District Attorney's Office Press Release (dated June 12, 2008)
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June 13 - Reportedly, Hubbard allegedly received the materials in spring 2007 from a friend of the former student who had collected them. One photo showed Rooney and the girl kissing. Rooney's relationship with the girl started when she was 15.

When detectives interviewed Hubbard, he told them he was "keeping them for Rooney" and said he didn't know exactly what the items were.

When detectives learned about the photo, they demanded Hubbard turn over the materials.

In separate cases, police have arrested a principal in Westchester for child pornography and a coach in Van Nuys for sexual assault of a girl. Both arrests were announced at the press conference on Hubbard.

SENTENCED (Sorta) October 7 - Hubbard pleaded no contest Monday to a charge of failing to turn over evidence. As part of a plea agreement, Judge Alex Ricciardulli sentenced Hubbard to three years' probation, 60 days of service on a road crew and $220 in fines. The government dropped a second charge of obstructing justice, which referred to Hubbard's alleged efforts to dissuade the girl from cooperating with police.

Hubbard also faces a lawsuit filed by the former Foshay student, which includes some new allegations. The suit states that the girl's Spanish-speaking grandmother went to Foshay near the end of 2006 because she "suspected Rooney was sexually exploiting" the girl.

Hubbard allegedly served as a translator when another staff member told the grandmother that she should "keep quiet because it would hurt [the girl's] reputation and assured her that Rooney would be transferred to another school."

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TT - No mention, and, of course the Los Angeles Times wasn't interested enough to ask, whether Hubbard will lose his teaching and administrator license.