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.
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Los Angeles County District Attorney Press Release (dated Apr 7, 2008)
Case No. KA082693
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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? "
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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

Rush City, MINNESOTA

ALL CHARGES DROPPED

Jan 20, 2008 - Timothy Bowland, 39, a social studies teacher and wrestling coach at Rush City High School has been arrested in connection with allegations of sexual misconduct with a 17-year-old female student.

He was charged with third-degree criminal sexual assault. Bowland was arrested at the school about 1 p.m. Friday, shortly after classes were dismissed. He has been placed on paid administrative leave.
Full Name: Timothy Alan Bowland

Jan 24 - The Post Review: A student, a friend of the victim, notified the administration last Thursday. The district then contacted the Chisago County Sheriff’s Office and the Minnesota Department of Education immediately.

Currently, there are three investigations underway. That of the County Attorney’s Office and Sheriff’s investigators, one by the Minnesota Department of Education, and an internal investigation by the school district, which is being handled by the district’s legal counsel.

Bowland was officially charged Tuesday with one count of third degree criminal sexual conduct. Next court appearance is Apr 1.

TT - No comments are accepted on this entry.

TRIAL DATE June 13 - The Chisago County Attorney’s office is expecting to go to trial July 14.

At a lengthy omnibus hearing conducted on June 10, in front of 10th District Court Judge Douglas G. Swenson, attorney for Bowland, Julie A. Matonich, filed motions for additional discovery, including medical records and school disciplinary records for the victim, and a motion to grant the defense access to the site of the alleged assault, Bowland’s office at the high school. As well, a motion to dismiss the charges based on a lack of probable cause was filed.

Although it is possible Swenson could grant that motion, it is not common since judges rule on probable cause at the onset of a criminal case. According to County Attorney Janet Reiter, Swenson has been given additional information to bolster the determination of probable cause.

A concern regarding motions from the perspective of the County Attorney’s Office (the matter is being handled by Asst. District Attorney Jessica Stott), is that the defense will have adequate time to review discovery by the July 14 trial date, as the County Attorney’s Office would like to have the matter settled before the start of the 2008 - 09 school year.

CHARGES DROPPED July 28 - The Chisago County Attorney’s Office said it dropped all charges against 39-year-old Timothy Bowland. Prosecutors said there is not enough evidence to move the case forward.

Charges dropped against RC teacher

According to a press release from County Attorney Janet Reiter, details came to light recently that were considered unfavorable to the case, forcing a complete re-evaluation.

Reiter also explained her office’s subsequent action: “As public prosecutors we may not ethically proceed with a case if there is not a strong likelihood that there is sufficient evidence to prove the case beyond a reasonable doubt at trial. It was therefore our duty to dismiss this case at this point in time.”

CHARGES DROPPED

Lake Mary, FLORIDA

CHARGES DROPPED

Dec 13, 2007 - Michele McGhee, 56, a Heathrow Elementary School third grade teacher, was arrested on a charge of possessing a firearm on school property.

A loaded gun linked to her was found the school grounds Wednesday not far from several children. It was found by a school secretary, along with a cell phone that was traced to McGhee. When deputies examined the handgun, a .38-caliber snub-nosed revolver, they found it loaded with five hollow-point bullets.

The district is suspending McGhee with pay pending the outcome of an investigation. The school superintendent will recommend her termination.

An official with the Seminole Education Association, a union that represents Seminole County teachers, said the group has assigned an attorney to defend her.

CHARGES DROPPED July 21, 2008 - Charges have been dropped against a Sanford teacher arrested for bringing a gun to school. The State Attorney's Office said it does appear to be an accident and decided not to press charges.

CHARGES DROPPED

Newark, NEW JERSEY

CHARGES DROPPED

Nov 15, 2007 - A Pennsylvania jury acquitted Christopher Davis, 35, a history teacher in New Jersey, on 17 charges for a fight at underage drinking party. They deadlocked on an additonal 7 counts.

A jury deliberated about 12 hours over two days before finding Davis not guilty of 17 charges: two counts of attempted homicide, eight counts of aggravated assault, six counts of simple assault and one count of reckless endangerment. Remaining are four additional counts of aggravated assault, three of simple assault and two of reckless endangerment.

Davis was arrested on June 21, 2006. The defense asked the jurors during closing arguments,

"In the end, ladies and gentlemen, you have to ask the final question," [defense attorney Eric K.] Dowdle said. "Would Christopher Davis have been charged, had his life potentially destroyed, if he had been a white history teacher defending himself with a Swiss army knife against three black men, one of whom was out on parole?"

One victim was cut him in the hip with the knife. Another suffered a stab wound to his abdomen that punctured his stomach and intestines and required surgery. A third had a stab wound on his upper left arm and required surgery, another who was stabbed in the arm also required surgery.
The prosecutor has the option of convening another trial on the unresolved charges. In the meantime, Davis remains in jail. The knife was never found. The trial was in Pennsylvania.
Photo at this news story.

TT - We know our history teachers always carried a knife to an underage drinking party. The tricky part was getting the knife open while being attacked by four men.

CHARGES DROPPED May 8 - The Northampton County District Attorney's office on Monday filed paperwork noting it would drop aggravated assault and other less serious charges that had been in limbo since jurors deadlocked in November.

Norfolk, VIRGINIA

Prosecutors drop charges.

Feb 20, 2008 - Natasha L. Sizow, 24, a Granby High School social studies teacher, was arrested and charged with two counts each of indecent liberties and use of a communications device to facilitate crimes against children. She is accused of sending improper photos of herself to students via cell phone.

A school resource officer learned about the allegations and reported them. Police got a warrant to search her cell phone. She was accused of sending photos of herself “in various stages of undress. ” The students involved were a male and a female, both age 17.

Sizow was arraigned Wednesday. A preliminary hearing is scheduled for April 2.

CASE DROPPED FOR INSUFFICIENT EVIDENCE April 2 - Charges were nolle-prossed against Sizow accused of sending inappropriate pictures of herself to students. This means the case is basically dismissed, but the prosecutor reserves the right to re-file charges at a later date. "The bottom line, there was insufficient evidence to proceed with the case and that's why we nolle-prossed the case. That's the bottom line," says Amanda Howie spokesperson for the Norfolk Commonwealth's Attorney's Office .

It's unsure when Sizow will return to work, but it will not be with children. The Norfolk School Board had suspended Sizow without pay. She will be paid for the 42 days she wasn't paid.

"Natasha Sizow has been reassigned to a non-instructional position with pay for the remainder of the year," said Vincent Rhodes who's in the Office Of Communications for the Norfolk School Board.

Contra Costa County, CALIFORNIA

PROSECUTORS DROP ALL CHARGES

March 4, 2008 - James Toland, 63, a music teacher at high schools in Moraga, Orinda and Lafayette, was charged with 10 counts of molestation, attempting to destroy evidence and distributing marijuana to a minor.

Two of Toland's alleged victims were 15-year-old boys and the third was a 16-year-old boy.

Toland was formally charged and arraigned but not taken into custody. He remains free on bail.

He was employed at Campolindo High School in Moraga, Acalanes High School in Lafayette and Miramonte High School in Orinda. He also worked with choirs and gave private music lessons. The molestations occurred at his home during private lessons.
Photo Costa Sheriff's Department

CHARGES DROPPED March 24 - The District Attorney's Office today dropped all charges against James Toland after Superior Court Judge John Sugiyama ruled inadmissible any evidence obtained under a warrant used to search Toland's home and personal computer. Lawyers for Toland successfully argued to the judge that the affidavit used by a sheriff's investigators was obtained using false information and omitted other relevant facts.

The prosecution has the right to re-file charges related to the alleged victims in the case in the future.

PROSECUTORS DROP ALL CHARGES

Scottsdale, ARIZONA

CASE DISMISSED AT THE REQUEST OF THE PROSECUTOR

Apr 26, 2007 - Tom Porras, 49, a substitute teacher and athletic coach at Saguaro High School, was arrested, accused of sexually abusing a student.

The 17-year-old student alleged that Porras had invited her over to his house for an athletic massage and inappropriately touched her, police said. During the time the student was there, Porras allegedly had unwanted sexual contact with her, police said.

East Valley Tribune: While being interviewed by police, Porras made admissions to the sexual abuse incident, a Class 5 felony if convicted, and public sexual indecency, a Class 1 misdemeanor.

Apr 27 - Porras has been suspended.

Apr 28 - The girl told police she was very uncomfortable but didn’t know what to do. At one point during the massage, Porras kissed the girl on the back of her neck and her buttocks and eventually performed a sexual act on her, according to court records.

Porras is married and the father of two sons. The school district plans to fire him.

Apr 30 - Letter to parents.

INDICTED May 11 - Porras was indicted, charged with one count of sexual abuse, one count of public sexual indecency and one count of assault.

Porras will be arraigned on May 18.

June 28 - Porras is scheduled for a initial pre-trial conference on July 2. Porras violated Scottsdale Unified School district policies by inviting students to his home and was fired.

August 8 - The intial pre-trial conference will be this Thursday.

August 10 - A Sept. 13 trial-management conference has been scheduled. He has been fired by the District.

PLEA DEAL REJECTED Oct 16 - Porras’ attorney, Amy Nguyen, who appeared with Porras in Maricopa County Superior Court on Tuesday, informed Judge Helene Abrams that Porras would not be accepting the plea offer and has filed a motion to eliminate evidence which includes a confession. A judge will rule on the evidence on Nov 15.

The plea offer from Maricopa County Attorneys that would have required him to spend 30 days in jail and register as a sex offender.

EVIDENTIARY HEARING Dec 21 - A hearing to determine whether Porras' confession to police will be allowed in the case will continue Jan 4 and the next hearing on the matter will be held Jan. 22.

CONFESSIONS TOSSED Jan 22, 2008 - Maricopa County Superior Court Judge Helene Abrams ruled Friday that Scottsdale police violated Tom Porras’ right to remain silent when he was questioned by detectives in April. The two confessions he made to police cannot be used in his trial.

CASE TOSSED Feb 27 - Judge Helene Abrams tossed the case at the request of the Maricopa County Attorney's Office. The prosecution ran into trouble in January when Abrams threw out Porras' confessions to Scottsdale police that he had fondled and ejaculated on the student, whom he had invited to his home for an "athletic massage."

CASE DISMISSED AT THE REQUEST OF THE PROSECUTOR

Raleigh, NORTH CAROLINA

CHARGES DROPPED AFTER VICTIM'S FAMILY REFUSED TO COOPERATE.

Mar 2, 2007 - Justin Scranton, 33, an English teacher and coach at Cardinal Gibbons High School, was arrested, accused of improper sexual conduct with a female student.

Scranton has been suspended pending the police investigation.

News14 reports the allegations came to light after a 17-year-old female student came forward to school officials.

Full Name: Justin David Scranton

Mar 6 - In search warrants investigators suggest at least one other teacher at the school may have known about inappropriate activity prior to Scranton's arrest. In the warrant, Scranton admitted to police of acting inappropriately with the student, and sending text-messages to the girl. The warrant also states that Scranton had been warned of his actions by a fellow teacher.

Video report at site says Scranton's next court appearance is Mar 21.
Search Warrant here.

Jan 10, 2008 - Prosecutors dropped the charges after the family of the victim refused to cooperate.

The victim’s family initially met with prosecutors on the case, said Fran Kennedy, a legal assistant with the Wake County District Attorney’s Office.

Kennedy and Jeff Cruden, the assistant prosecutor handling the case, called and sent the family letters after that but never heard from the family, Kennedy said.

“We’ve gotten no response whatsoever and just complete refusal,” Kennedy said.

CHARGES DROPPED VICTIM'S FAMILY REFUSED TO COOPERATE.

Ellicott City, MARYLAND

CHARGES DROPPED

ARRESTED May 17, 2007 - Alan Silberman, 62, a guidance counselor at Howard High School, was arrested for having crack cocaine in his car in the school parking lot.

Police received a tip on a drug hot line that he was a drug user and took dogs to the parking lot to check his vehicle. Silberman is the fourth Howard County high school teacher arrested this year. The other three arrests involved allegations of improper sexual conduct.

Update May 24 - According to the Howard County Times, parents -- that seems to only be the school's PTSA president - are calling for pre-employment drug testing. However,

The system's policy states that officials may subject employees to drug testing "based on reasonable suspicion of the use of contraband" and that employees violating the drug use and possession policies -- especially those who violate the policy on school grounds -- may be subject to termination.

TT - The problem with pre-employment testing is that Silberman worked for 37 years in the district. Obviously, he did not trigger any reasonable suspicion of drug use. It is unlikely that he was using cocaine prior to his employment.

Random drug testing for all teachers would be more effective. New testing doesn't rely upon urine samples taken in a controlled environment that would require time away from school. The new tests rely upon a sample of hair that can be easily collected at the school.

TRIAL SCHEDULED August 26 - Trial is scheduled for October 3.

CHARGES DROPPED Nov 29 - Insufficient evidence and the completion by Silberman of a drug evaluation led to the decision, the Howard County State's Attorney's Office said today.

Silberman's age, lack of a criminal record, and his agreement to submit to an evaluation contributed to the decision to not prosecute the case, said Brendan Clary, district court chief in the State's Attorney's Office. The charges were dropped on Nov. 13.

He retired on July 1.

Hampton, VIRGINIA

CHARGES DROPPED

ARRESTED Oct 2, 2007 - Cary Forrest, a a Kecoughtan High School social studies teacher, was arrested after Hampton Police carried out a scheduled school search at the high school and discovered drugs and alcohol linked to Forrest.

He faces charges of one count of possession of marijuana on school property and one count of possession of alcohol on school property.

No press release at the Hampton Police Department yet.

CHARGES DROPPED Nov 29 - All charges have been dropped against Forrest.

Diane Nelms, Hampton's assistant commonwealth's attorney, said the seeds found in Forrest's car had been tested at a crime laboratory and "no controlled substance was found."

And although bottles of beer were found in the car's trunk, Nelms said, the alcohol charges were dismissed because the vehicle was registered to Forrest' father.

Nelms said the police canine used to search the parking lot might have picked up an old odor of marijuana in the car. She said police and school authorities handled the investigation correctly. "The field test kit came out positive but the laboratory test is more accurate," she said.

Hampton schools spokeswoman Ann Stephens said Wednesday it was unlikely Forrest would return to Kecoughtan. "He chose to resign. We did not take his job away," Stephens said.

Parsippany, NEW JERSEY

ALL CHARGES HAVE BEEN DROPPED - no reason given.

Mar 26 - Matthew Sterling, 31, an assistant principal at Central Middle School, was suspended indefinitely with pay from his job after his arrest for allegedly burglarizing a woman's apartment and roaming the streets in her clothes.

Sterling was confronted by police at about 2 a.m. wearing two coats, a shoe and leather pants, all of which had been reported missing by a 37-year-old woman who came home to find her house burglarized and ransacked.

Sterling left behind sport coat, boxer shorts, shoes, keys, a credit card, his wallet and drivers license, according to a police affidavit. He is free on $5,000 bail.

TT - a poster at the NJ Ledger site suggests a "Support Mr. Sterling Day. " On that day, all the supporters will wear leather pants and 2 coats with 1 female shoe.

Update July 2 - All charges against the former assistant principal of a Parsippany, N.J., middle school were dropped. He was fired in April.

Kentucky

June 20, 2007 - Charges were dropped against a 36-year-old an Adair County Middle School teacher. He had been indicted by a grand jury in 2006.

Earlier this week Commonwealth Attorney Brian Wright made a motion to dismiss the charges saying there wasn’t any proof a crime was committed.

Wright said evidence at trial would show any relations between the defendant and the female did not occur until after the female’s 16th birthday.

Wright noted Kentucky law doesn’t criminalize sexual contact between individuals if both parties are over the age of 16 and the sexual contact is consensual.

TT - Who advised the grand jury that it was a crime?

Ware Shoals, SOUTH CAROLINA

CHARGES DISMISSED and lawsuit against local officials and newspaper editor.

Jan 23, 2007 - Jane Blackwell, 59, principal of Ware Shoals High School, was arrested for allegedly covering up for the school's cheerleading coach who was arrested last week. She was charged with obstruction of justice. (Photo from Greenwood County Sheriff's Office.)

Jill Moore, the cheerleading coach at Ware Shoals High School, was arrested for "moral offenses" involving some of her cheerleaders. "According to FOX Carolina sources, Moore was dating a National Guard recruiter and was recruiting cheerleaders to party. In at least one incident, a 16-year-old student had sex and drank alcohol with another National Guardsman." [See June 26, 2008 for resolution of case.]

From WIS10: The principal is accused of calling a meeting of the cheerleading squad and telling students not to discuss the case with anyone after investigators told her they planned to talk to each cheerleader.

Blackwell has been suspended.

SCANDAL? Jan 24 - The Index Journal calls it the "Scandal of the Town" and it might turn out to be. A parent openly worries,

Myers said she is worried Blackwell and Moore’s strong ties to the Greenwood District 51 school board could result in the “good ol’ boy network” prevailing over justice in the case. Moore’s father, Marcus Bishop, pastor of Mount Gallagher Baptist Church in Ware Shoals, is also a board trustee. Myers also said “it’s common town knowledge” that Blackwell and District 51 superintendent Fay Sprouse “are first cousins.” Blackwell and Sprouse’s fathers are brothers, she said.

From FoxCarolina: "School board members say it's perfectly within the guidelines to have relatives who work for the district. They also said they can vote on matters even if it involves a relative."

Update: Jan 26 - A South Carolina National Guardsman who recruited at a high school and a former cheerleading coach each are accused of having sex with students. Because all the students involved were 16 or older, none of the adults will be charged because the teens were old enough to consent.

SOB STORY JOURNALISM : Feb 4 - Sob story journalism at its best as local paper looks at fallout from the case and clearly enjoying the agony from both sides. The only facts are that Moore’s father resigned his post as a Greenwood District 51 trustee after the charges. Notes found during a search of Blackwell's office show that, in December 2006, Blackwell was keeping tabs on Moore’s “departures from campus with a cheerleader.”

WANTS PUBLIC HEARING Feb 20 - Blackwell wants a public hearing before the school board.

Mar 13 - Can find no further information.

REASSIGNED Apr 24 - Jane Blackwell, will be no longer be principal and will be reassigned following her arrest on obstruction of justice charges, Greenwood County school trustees decided early Tuesday.

COMMUNITY REACTION Apr 25 - Newspaper reported on community reaction. This tidbit:

Blackwell will continue getting paid as she has been since this all began. The district said her cousin, Superintendent Fay Sprouse, will decide what her new duties will be.

GAG ORDER May 11 - The judge issued a gag order so that law enforcement, attorneys and defendants involved with the case can no longer talk with or give information to the media. The ruling comes after video of Jill Moore being interviewed by investigators from the Greenwood County Sheriff's Office was leaked to FOX Carolina. The gag order was requested by the prosecution.

CHARGES DISMISSED & LAWSUIT May 24, 2008 - The warrant against Blackwell was dismissed March 3 by Judge Wyatt T. Saunders because the state failed to comply with rule three of the criminal practice which dictates the state has 90 days to indict once a warrant is issued. Blackwell is now suing Greenwood County Sheriff Dan Wideman, Greenwood County Chief Deputy Mike Frederick, Ware Shoals High School athletic director Vic Lollis, Ware Shoals Police Chief Mickey Boland and The Index-Journal executive editor Richard Whiting for actual and punitive damages.

Blackwell was suspended with pay by the District 51 school board. She was later reinstated, taking a post in the district’s technology department. She has since retired.

LAWSUIT by STUDENTS June 28 - Two former Ware Shoals High School students have sued the school district and its board over the actions of former cheerleading coach Jill Moore.
The Index Journal of Greenwood reported Thursday the suits were filed on behalf of a former cheerleader and a former football player. The students were not named.

The suits accuse the school district and board of negligence in the hiring, supervision and retention of Moore, as well as other mismanagement.

LAWSUIT DETAILS June 26 - Ware Shoals grads suing school district over Jill Moore’s employment (Index Journal)
Each lawsuit levies four causes of action against the district and its board, including gross negligence, gross negligence in the hiring, supervision and retention of Moore, violation of the Public School Safety Act and breach of fiduciary duty.

Moore reportedly entered pre-trial intervention earlier this year, a process which, if completed, would expunge her record of any charges.Moore’s father, Marcus Bishop, was on the District 51 board at the time of her arrest and later resigned his position.

Phoenix, ARIZONA

ALL CHARGES DROPPED FOR LACK OF EVIDENCE.

Nov 27, 2006 - Darrell Begay, 34, math teacher at Lowell Elementary School, was arrested, charged with sexual abuse and kidnapping. Since then, the principal of the school has resigned and was accused of not following policy by not alerting the school board of this and previous accusations.

In 2003, Begay received a memo from the same principal, Trujillo, ordering him "not to touch students" after two girls reportedly came forward with complaints saying he touched their chests as he put stickers on them.

According to the reports, the principal met with a group of girls and told them, "It didn't matter because they did not have breasts and it should not bother them."

The principal, Alice Trujillo, resigned for (ostensibly) unrelated reasons. In the police reports, there were allegations Trujillo sent e-mails containing adult-oriented pictures.

UPDATE: Dec 15, 2006 - Charges were dropped against Begay. Barnett Lotstein, special assistant county attorney, said prosecutors don’t have sufficient evidence to pursue a criminal conviction. The county attorney’s office has asked Phoenix police to further investigate the incident. If more evidence is found, Lotstein said prosecutors will reconsider the case.

ALL CHARGES DROPPED FOR LACK OF EVIDENCE.

Las Cruces, NEW MEXICO

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.

"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."

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.

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.