Seabrook, NEW HAMPSHIRE

LAWSUIT and why teachers are no longer considered professionals.
Finally settled after a year. And, God knows, how much money.

Oct 12, 2007 - Dianne Dunfey, a Seabrook Middle School 7th grade social studies teacher, is suing the district and the school principal for alleged retaliation for her refusal to stand for the Pledge of Allegiance.

The lawsuit was filed by Meyer and by the National Education Association-NH on Dunfey's behalf, according to Steven Sacks, a staff attorney with NEA-NH in Concord. NEA-NH and the local Seacoast Education Association support Dunfey in the case, Sacks said.

As well as legal advice, NEA-NH is helping to support Dunfey's case financially.

CASE SETTLED October 31, 2008 - School District Attorney Debra Weiss Ford of Portsmouth advised in court documents the case was settled on Oct. 31. An agreement for entry of judgment or a stipulation of dismissal is to be filed with the U.S. District Court by Dec. 3.

The terms were not known as of Friday. The newspaper tried to reach her attorney. National Education Association New Hampshire Attorney Steve Sacks, who also represented Dunfey, was out of the office on Friday.

Goffstown, NEW HAMPSHIRE

September 26, 2008 - Jennifer Simard, 24, a substitute teacher's aide in the Goffstown School District, was arrested yesterday. She was charged with two counts of prohibited use of computer services for sexually explicit IM conversations with a boy. Both are Class B felonies.

A indictment handed up by a Hillsborough County grand jury Sept. 19 cites two sexually explicit conservations Simard allegedly had with the boy in August and September. She also is accused of talking with the boy about how he could keep his parents from finding out about them, the indictment alleges. The boy is a student in the Goffstown district, according to the administration. Because he is younger than 16, he is considered a child, according to the indictment.

Simard was told before the new school year, that her services would no longer be needed. She is being held without bail pending arraignment.

Plaistow, NEW HAMPSHIRE

Apr 27, 2007 - Kevin Goddu, 45, a Timberlane Regional High School social studies teacher, was arraigned on charges of aggravated felonious sexual assault forcible rape It is alleged that he used physical force to pin a 16-year-old student to a bed and raped her

He resigned Apr 5. In addition to his teaching duties, Goddu served as Timberlane's faculty adviser for Model U.N. Records. In his hometown of Chelmsford, Goddu is an elected Town Meeting representative for the 2nd District and a selectmen-appointed member of the Chelmsford Historical Commission.

In court yesterday, Goddu was not allowed to enter a plea. The charge is a felony, which requires a probable cause hearing. That hearing is scheduled for May 16.

INDICTED May 18 - Goddu was indicted on 14 counts of aggravated felonious sexual assault. He is scheduled to be arraigned on the charges May 31.

PRE-TRIAL PUBLICITY July 10 - Goddu's lawyer released information about e-mails between his client and the alleged victim and phone bills not yet accepted into evidence as well as a preliminary list of witnesses.

PRE-TRIAL PUBLICITY II July 13 - The case continues in the newspaper as the defense claims in court papers they filed that the sex was consensual, witnesses are prepared to testify that it was "romantic" and that the girl called his client twice on the day of the alleged rape “seeking a meeting for sexual relations.” The lawyer is seeking the girl’s school records from Timberlane, saying “serious questions exist concerning the veracity” of the alleged victim.

Jury selection is not slated to begin until OCTOBER, folks.

TRIAL Nov 30 - Closing arguments are expected today after three days of testimony.

DELIBERATIONS Dec 1 - The jury is deliberating. While Judge William Groff instructed the jury about the charges, Goddu's wife began to sob, and stormed out of the courtroom in tears. See story for how the defense characterized the victim.

MISTRIAL DECLARED Dec 3 - A mistrial was declared after the jury was unable to come to a unanimous decision on any of the 14 counts of aggravated felonious sexual assault. The trial will now be rescheduled for early next year.

PLEA AGREEMENT April 25, 2008 - Goddu avoided a second trial and will plead guilty to two misdemeanor assault charges and agree to never teach again, according to paperwork filed in Hillsborough County Superior Court yesterday. A 12-month jail sentence will be suspended, pending two years of good behavior.

The plea agreement was approved by Judge William Groff, but Goddu still must appear in court to formally plead guilty and be sentenced. No hearing date has been scheduled.

SENTENCED (sorta) July 25 - Goddu was sentenced yesterday to a 12-month suspended sentence. He is prohibited from teaching in New Hampshire. He must undergo sex offender evaluation and receive any recommended treatment.

The family wrote of their anger over Goddu's violation of their trust. They also wrote they were upset by the reaction of some students and families who blamed the girl for Goddu losing his job.

Rochester, NEW HAMPSHIRE

Every article refers to her as former city School Board Chairwoman and ...

June 18, 2008 - State Rep. Nancy Warren, 48, D-Rochester, pleaded guilty to six Class A misdemeanors and was sentenced to 12 months in jail with all but 42 days suspended, which happens to be the number of days of pretrial confinement.

Warren pleaded guilty to three counts of stalking and one count each of criminal trespassing, obstructing the report of a crime, and harassment. The charges stem from several incidents earlier this year involving the same male victim.

Assistant County Attorney Alysia Cassotis said the County Attorney's office nol prossed [did not proceed with] other pending charges, which included simple assault and receiving stolen property.

The negotiated plea for the former city School Board chairwoman included two years of probation. The judge also ordered Warren to complete a 36-week domestic violence program within 10 months. Furthermore, Warren is ordered to undergo a psychiatric evaluation, and comply with all recommendations of the counselor.

April 8, 2008 - New charges for state rep
Warren was arrested Friday for allegedly throwing an alcoholic beverage into a man's face. Warren said she doesn't think her legal issues will effect her work as a legislator, and added she plans to plead not guilty to all charges.

May 6, 2008 State rep Warren arraigned on host of misdemeanors
She was arrested four times in the last year. Warren also is facing a Class A misdemeanor simple assault charge stemming from an alleged incident with her husband last summer, and a Class B felony charge of burglary for which she was arrested March 8.

May 12, 2008 - State Rep. Nancy Warren arrested for violating bail conditions
She is alleged to have used her cell phone Friday to call the same victim in three of four of her previous arrests.

May 13, 2008 - Warren back in jail: Facing stalking charge against same victim
Cassotis also requested Warren be GPS monitored by Community Corrections with a mental health referral if she posts bail. Additionally, Warren is to have no contact with the victim, possess no weapons, drink alcohol or use any illegal drugs. The judge agreed to the request.

May 21, 2008 - Rep. Warren's assault trial postponed for fourth time

May 22, 2008 - Judge: Questions on victim's conduct fair game in Warren's trial
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TT - Scarey. And, despite all that coverage, there are no details of why she was arrested, except for that assault charge against her husband. Keeping the electorate informed.

But if you want to be impressed, these are the wages and benefits paid to Rochester school district employees. These are the teacher wages and benefits for the Dover schools.

Those benefits include health care, retirement, longevity pay and stipends, and teachers got an 8% raise in 2007. Labor costs generally make up 75 percent of the district's budget, officials say. Stipends cover, but are not limited to, coaching, tutoring, Saturday and afternoon detentions, summer school and adult education.

Seabrook, NEW HAMPSHIRE

Arrested again, sentenced to jail again.

July 9, 2007 - Holly Spreen, 34, a special education teacher, was arrested for breach of bail and child endangerment. She was arrested after dropping and dragging her two-year-old son aboard a harbor cruise ship.

Her blood alcohol level was .49, six times the legal limit. Witnesses who saw her drop and drag the child reported their concerns to ship management who notified police.

Public record shows Spreen was arrested in Portsmouth on Dec. 18, 2005 for domestic assault and obstruction of the report of a crime. She was also charged with simple assault by Portsmouth Police on June 29, 2007.

Trial is set for August 14.

July 21 - Long, largely unsympathetic, article on Spreen's history of alcoholism which sparked this comment from a poster:

If the father in this case were the one drinking he would have lost all rights to see the kid by now. Instead, "Marital Master Harriet Fishman" chose to leave this child in harms way over and over again. How about someone do something about getting this "Marital Master" out of her position of responsiblility and authority and into one where her sexist views can't hurt an innocent child. Fire her outright is my position, but I know the bleeding hearts would never allow such a harsh action....

TT - What we wonder is, with all the frequent arrests and court appearances and hospitalizations, why a school district would not fire her outright? She's a special education teacher who works with the most vulnerable children.

GUILTY PLEA & SENTENCING Nov 5 - Spreen pleaded guilty to charges of reckless conduct and simple assault. In exchange for those pleas, Spreen was sentenced to two years in jail, with all but 30 days suspended pending two years of good behavior. She'll serve her sentence during summer vacation.

She told the judge she would be returning to school Nov 14.

Portsmouth Family Court records show Spreen’s former husband warned the court that he feared for their son’s safety “due to her alcoholism” as far back as February 2005, when the child was 3 months old. Just 13 days before her arrest, he warned the court she had been drunk in a car with their son before a police officer intervened.

Also documented in the family court is Spreen’s voluntary and involuntary alcohol treatment, hidden liquor bottles, hospitalization and court-ordered Breathalyzer tests related to visitation with her son, some taken on the job at the Seabrook school.
After her arrest, Spreen lost all custody of her son. That order is temporary.

The judge noted a letter of proof of Spreen’s enrollment in a Florida rehab program described her “prognosis” as “only fair.”

Jan 17, 2008 - Spreen is limited to visits with her son to one hour a week. She is on administrative leave for an indefinite period, following two months of time off under the Family Medical Leave Act.

Prosecutor Corey MacDonald told the Herald that Spreen’s deferred jail sentence will not likely be altered, in spite of her no longer working a school schedule. He agreed to it, he said, in an effort to assist Spreen with keeping her teaching job and therefore maintaining sobriety.

TT - Those lucky kids.

SENTENCED (AGAIN) April 1 - Spreen sentenced to 27 days in jail after a probation officer reported her Easter Sunday arrest for driving while intoxicated. She was arrested on March 23, when her blood alcohol content was recorded at .33 and she told an officer she drank a bottle of wine "throughout the day." At the time of her arrest, Spreen, a former Seabrook elementary school teacher, was court-ordered to abstain from all use of alcohol and to remain arrest-free. A hearing to review the case is scheduled for April 8

She since lost her Seabrook teaching job.

SENTENCED TO JAIL April 8 - Spreen was sentenced to 1 year in jail for violating her probation by getting arrested Easter Sunday for driving while intoxicated. She was also ordered to report to a probation officer for two years after her release. A one-year sentence for assaulting her husband was deferred for one year.

"The full 12 months is now imposed," Judge Sawako Gardner told Spreen after accepting the agreement.

Noting a condition of the deal gives Spreen the right to petition the court for time served after her completion of a jailhouse treatment program, the judge warned her that will be at the discretion of the court.

"I can tell you it is not a guarantee," said Gardner.

April 16 - Spreen wrote a letter to two judges, expressing regret and asking for admission into a jail recovery program for women, with the option of petitioning the court for a reduced sentence upon completion of the program. During an April 4 sentencing hearing, the judge approved the jailhouse program, but warned Spreen there is no guarantee she will see a reduced sentence.

She has lost her teaching job.

Rochester, NEW HAMPSHIRE

Six-term member of the school board sentenced for sexual assault of an eighth-grade boy 20 years ago. One year in jail seems too little to pay for a lifetime of doubt and guilt that no fourteen-year-old boy should have had to carry.

Apr 22, 2007 - Gregory Ingalls, 56, a math teacher at Spaulding High School, was arrested and charged with sexual assault over a student sex allegation dating back more than 20 years.

The accusation came from a 38-year-old former student who lives in Chicago and came forward after receiving counseling. The man contacted Barrington police earlier this month.
AKA: Greg Ingalls

Ingalls has been a Rochester school district employee since 1982 and is a six-term member of the Barrington School Board, which he once chaired. He also works as an adjunct professor at Southern New Hampshire University. Ingalls has been suspended.

May 9 - Ingalls waived probable cause in his court appearance on Monday. The case will now go to a grand jury. He is currently free on $20,000 cash bond.

Ingalls is accused of sexually assaulting one of his students more than two decades ago when, between 1984 and 1985, he allegedly drove a 14-year-old Rochester boy, a Spaulding student, to the apartment building he owned on Main Street in Raymond.

INDICTED: July 21 - From the Boston Globe. Ingalls was indicted on a charge of sexual assault. Ingalls also has served on the school board in Barrington, where he lives. He is listed as 2005 - 2007 board chairman on the Barrington School District Web site. Ingalls is scheduled for an arraignment hearing on Aug. 2.

NOT GUILTY PLEA Aug 2 - Ingalls waived arraignment and entered a not guilty plea. Next court date is Aug. 29 for a structuring conference.

GUILTY PLEA & SENTENCING March 7, 2008 - Ingalls pleaded guilty to felonious sexual assault. He was sentenced to one year in jail - not prison.

In his plea, Ingalls admitted to assaulting the student at Ingall's home in Raymond, N.H., between January 1982 and 1985.

In court, the prosecutor read a statement from the man, who now lives in Illinois, saying that what happened ruined his life and led him to attempt suicide.

Reams said crimes like this have a devastating and long-lasting impact.

"It tends to destroy children and rob them of their childhood and their adulthood, as well," he said. "It takes a lot of counseling to work themselves through it."

Ingalls was ordered to pay restitution to the victim for counseling. Ingalls' wife was in court for the sentencing.

Dover, NEW HAMPSHIRE

March 4, 2008 - Daryl Robertson, 33, a t music eacher at St. Thomas Aquinas High School, was arrested late Monday, charged with one count of sexual assault, a Class A misdemeanor.

He is accused of groping the 18-year-old former student at his apartment during a gathering with some former students and friends in mid-November. The MALE student's father reported the alleged assault to the school about one month after it occurred. Police were later contacted.

Robertson was placed on paid administrative leave when the incident was reported in December.

Robertson is scheduled to be arraigned on March 21 at 9 a.m.

ARRAIGNMENT WAIVED March 22 - Robertson waived arraignment Friday morning. A trial date will be scheduled for the Class A misdemeanor.

August 18 - Robertson is no longer employed by the school, although whether is a result of Robertson’s arrest is unknown .

Derry, NEW HAMPSHIRE

Good news.

Feb 12, 2008 - A judge denied William Flynn, 33, an early release from prison.

Flynn has been in jail for the past 17 years, and even though he's not eligible for parole for another decade, he asked a judge last month to let him out early. He, along with two friends killed Gregory Smart, 24, husband of teacher Pamela Smart at her instigation.

Judge Kenneth McHugh said Tuesday that the time Flynn served for the murder is not enough. He said that when Flynn has served 25 years in prison, he will become eligible for parole again.

TT entry for Flynn. She's in prison with a metal plate in her head and isn't going anywhere. Ever.

Derry, NEW HAMPSHIRE

Jan 21, 2008 - William Flynn is asking for a sentence reduction. He's been in prison for two decades. He was sentenced to 28 years to life for murder. The Houston Chronicle story is by Clark Canfield.

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Flynn petitioned for a sentence reduction in October 2007 as well. TT - Link

William Flynn was 15 when he and three friends killed teacher Pamela Smart's husband on May 1, 1990. Flynn was having a sexual relationship with teacher Pamela Smart. All three were convicted and sentenced in March 1991. Pamela Smart is serving a life sentence without the possibility of parole for masterminding the murder. CourtTV has extensive coverage.

Greg Smart was 24-years-old.

Seabrook, NEW HAMPSHIRE

Nov 5, 2007 - A teacher prohibited from seeing her own son due to her alcoholism, told a judge she expects to return to her job as a Seabrook elementary school teacher on Nov. 14.

Holly Spreen pleaded guilty to charges of reckless conduct and simple assault. In exchange for those pleas, Spreen was sentenced to two years in jail, with all but 30 days suspended pending two years of good behavior. At the time of her arrest she was out on bail conditions ordering her to be of good behavior for a prior charge of assaulting her husband while under the influence of alcohol.

The judge noted a letter of proof of Spreen’s enrollment in a Florida rehab program described her “prognosis” as “only fair.”

Her arrest in July was highly publicized. She dropped the two-year-old boy boarding a ferry, horrifying spectators. Her blood levels showed she was SIX times over the legal limit.

TT-Link

Kingston, NEW HAMPSHIRE

Sentenced to 7 1/2 years to 15 years in prison.

INDICTED May 9, 2007 - Kenneth Lang, 60, a D.J. Bakie Elementary School teacher, was indicted last October on three counts of rape of a child for allegedly coercing a boy into sexual acts more than 20 years ago.

Lang faces 15 counts of aggravated felonious sexual assault. He is accused of molesting the boy several times in Hampton between June and September 1986, according to indictments made public yesterday.

Lang faces charges in two states. He pleaded not guilty to the Massachusetts charges. He has been suspended since last fall. The molestations began when the boy was 7 and Lang met the boy through family friends.

GUILTY PLEA & SENTENCING Oct 31 - Lang pleaded guilty to six counts of felonious sexual assault and two counts of aggravated felonious sexual assault for molesting a boy from 1983 to 1986. He was was sentenced to 7 1/2 to 15 years in prison, of which the judge guaranteed he would serve at least the minimum.

As part of the plea agreement reached with the state, and approved by [Rockingham Superior Court Tina] Nadeau yesterday, Lang gave up his right to ask for a sentence review or a sentence reduction after serving two-thirds of his time.

The judge praised the the victim for having "remarkable inner strength" and coming forward.

Derry, NEW HAMPSHIRE

Gregory Smart's killer wants a sentence reduction.

Oct 22, 2007 - Billy Flynn, 33, wants a reduction in his sentence. He was sentenced to 40 years in prison for killing Gregory Smart, the husband of Pamela Smart, a media director at Winnacunnet High School.

Flynn was 15 when he killed 24-year-old Gregory Smart in 1990 with the help of two friends. He later told police he had been having an affair with Pamela Smart and she had persuaded him to murder her husband.

Even if Flynn does win a sentence reduction he would likely still have to convince a parole board to release him. Currently Flynn is not eligible for parole until 2018.

In 2005, Judge McHugh granted a three-year sentence reduction to Vance Lattime, who drove the getaway car the night of Greg Smart's murder. Lattime, who had served 13 of his original 18-year sentence, was later granted parole. Another man, Raymond Fowler -- who was in the getaway car with Lattime -- was paroled in April 2005.

Pamela Smart remains behind bars at the Bedford Hills Correctional Facility for Women in New York, serving a life sentence for being an accomplice to first-degree. She was sentenced to prison without the possibility of parole.

Pamela Smart has her own Wikipedia entry.

In 1996, Smart was severely beaten by two other inmates, resulting in a metal plate being placed in the left side of her face. In 2003, pictures of her scantily clad were published in the National Enquirer and she was subsequently placed in solitary confinement. She sued claiming this amounted to unfair treatment. Her lawsuit was dismissed.

In 2006, she sued officials of Bedford Hills, claiming sexual harassment, and also sexual assault by a guard, who she also claimed coerced her into posing for the suggestive pictures published of her in 2003.

The CourtTV coverage is, as usual, extensive.

REQUEST DENIED Feb 12, 2008 - A judge denied an early release.

Judge Kenneth McHugh said Tuesday that the time Flynn served for the murder is not enough. He said that when Flynn has served 25 years in prison, he will become eligible for parole again.

Backgound checks are flawed

Oct 22, 2007 - From the Concord Monitor (NH)

(AP story) "Grade on teacher screening? 'It's a B'"
Some of the flaws in background checks:
• Criminal background checks that don't cover less serious but still worrisome crimes
• Incomplete criminal records
• Criminal and education records effectively sanitized through plea-bargains and other negotiations
• Privacy laws and fear of lawsuits that limit the disclosure of adverse information, not only by former employers, but by law enforcement
• Difficulty prosecuting teachers accused of sexual relationships with students over the age of consent.

Also, because not all states report into a federal criminal records database, background checks don't always turn up everything that is reportable.

FINDING: Revocation records can be misleading because teachers who surrender their credentials before their cases go to hearings can work out deals to limit what becomes public.

"When we make the agreement about what the revocation says, we do it in conjunction with their attorney," Fillion said.

The rest of the information is sealed so that labels like "inappropriate" and "unprofessional" conduct may cover a range of accusations and misdeeds - "all the way up to sex," she said. The state does not differentiate between credentials that are revoked and those that are surrendered.

Stratford, NEW HAMPSHIRE

New charges in Vermont.



Feb 16, 2007 - Kelly Johnston, 38, a Stratford Public School teacher, was arrested and has been charged with sexually assaulting one of his 13-year-old students.

The article doesn't say when police were contacted to investigate if Johnston and a female student had an inappropriate relationship. Boston Globe report says that police conducted a lengthy investigation into allegations Johnston and a female student had an inappropriate relationship after being alerted by the girl's mother.

The Union-Leader says that his arraignment was in Lancaster District Court at 1 p.m. Friday, Feb 16.

WMUR channel 9 reports that Johnston gave the girl gifts around Christmas, including a nightgown and necklace. They also state that police said Johnston said little in court, but he told the judge he turned himself in to police Thursday on his daughter's 4th birthday.
He is scheduled to return to court on March 1.

Union-Leader reports that Johnston has resigned. A probable cause hearing has been scheduled for Mar 1 on the felony sexual assault charge. A trial will be scheduled later on the 15 misdemeanor counts.

Update Feb 27 - Johnston has waived his probable cause hearing. Trial is scheduled to begin Mar 29.

GUILTY PLEA IN NH and NEW CHARGES: Oct 4 - Johnston was charged with 16 counts of sexual assault in New Hampshire, and he pleaded guilty on Monday to sexually assaulting a 13-year-old girl in New Hampshire. He was sentenced to serve three years in jail

He has now been charged with lewd and lascivious conduct in Vermont. His next court appearance is Oct. 25.

Derry, New Hampshire

Sept 10, 2007 - Charles Hawkins, 44, school board chairman, was sentenced to a year in jail after admitting he stole thousands of dollars from his Salem employer to pay for family trips, home improvements and online pornography.

Hawkins is required to pay the company $60,000 by Nov 6. He will start serving his time in January.

His lawyer said Hawkins was already undergoing treatment for pornography and computer sex addiction.

Plaistow, NEW HAMPSHIRE

Cleared of all charges

Apr 20, 2007 - Philip Marchand, 47, was arrested in connection with charges of threatening to shoot other school staffers.

He pleaded not guilty to charges of criminal threatening and disorderly conduct.

Marchand made the threat to another teacher on Wednesday and that it was overheard by at least one student. Marchand has been suspended with pay and will not return to work this school year.

TT- Marchand is the second teacher in a week who was arrested for threatening to shoot other employees. Thomas Kincaid of San Antonio, TX, was arrested after making such remarks to another teacher. Link

CLEARED: August 31 - A judge ruled that because Marchand's alleged threat didn't have a "constant result" from those who heard it, that he couldn't say it was a threat beyond a reasonable doubt. Marchand was reimbursed his $5,000 cash bail and his record was cleared.

Marchand resigned June 30 from the school. The arrest was made four days after the Virginia Tech shooting.

Nashua, NEW HAMPSHIRE

July 3, 2007 - The trial of Nicole Belonga, 26, a teacher’s aide for a special needs students at Elm Street Middle School, on charges related to the death of her 22-month-old child, has been delayed while new charges are determined.

The child had been treated for minor facial injuries on two different occasions in November 2005. The 2006 injuries were also noted by a physician who decided to contact the primary care physician. Before they could contact child care officials, the child was hospitalized.

She will be arraigned on the new charges July 5.

Nashua, NEW HAMPSHIRE

July 3, 2007 - David Watt, an engineering professor at the University of New Hampshire, was sentenced to one year in jail and five years of probation for soliciting sex online. He planned to meet a 14-year-old girl, but was arrested instead.

He was arrested in September 2006. He no longer works for the university.

Manchester, NEW HAMPSHIRE

Middle schoolers' field trip to a Planned Parenthood clinic.

June 12, 2007 - Students in the STAY (Support, Tutoring, Adventure for Youth), a program for at-risk middle school students that is operated by the YMCA and the school district , visited a Planned Parenthood offices as part of a field trip to social service agencies throughout the city.

Forty-one seventh and eighth graders were taken to the clinic.

Dawn Michaud, principal of Parkside Middle School, called the confrontation "unfortunate." She was aware in advance of the Planned Parenthood visit, but said she viewed the day as more of a job fair than a social services tour.
"It was just to see what's out there and prepare them for their futures," said Michaud.

A school board member pointed out that Dawn Michaud, the principal at Parkside Middle School, told the New Hampshire Union Leader that she was aware if the visit, but told her supervisors she had no knowledge of the stop.

"Somebody doesn't have their story straight," Kruse said.

TT - "Here's your library. And this is the Boys and Girls Club. And over here is where you get your birth control and abortions. And, over here..." To 12 year olds.

Concord, NEW HAMPSHIRE

Updated to include sentencing information.

Dec 20, 2006 - Convicted of felony kidnapping, Jennifer Malone, 32, a teacher's aide at Mount Prospect Academy, a residential school for troubled teens in Plymouth.

Malone was charged after she fled with a 16-year-old male student with whom she was having sex and her 8-year-old son on a 10-day flight that ended in Florida. She was arrested in June. Assistant Hillsborough County Attorney Patricia LaFrance prosecuted the case.

Prosecutors acknowledged the case was not a typical kidnapping case and asked jurors not to dwell on the word "kidnapping," but on the elements of the crime.
"What if their genders were reversed?" LaFrance asked. "What if it were a 32-year-old man with a 16-year-old girl? What if it was a 50-year-old man and a 16-year-old boy? At what point does it become unacceptable?"

Indeed.

Update Feb 12 - Malone was sentenced to three to six years, suspended on good behavior, and probation for five years for her kidnapping conviction. She was also ordered to pay $1,884 in restitutions for her extradition costs.

Malone also pleaded guilty yesterday to a misdemeanor charge of stalking Cole last September.

Malone had been released on bail and violated a condition of it by making contact with Cole while he worked at a construction site in Nashua. Malone drove by and beeped her horn at him, then turned around and drove by the site again. She then said hello to Cole and instructed him to meet her at a friend's home nearby.

For her stalking charge, she was sentenced to 12 months in the house of corrections. A $1,000 fine was suspended on good behavior.
Malone was also ordered to participate in sex offender/mental health counseling and required to have a psychiatric evaluation. She must also register as a sex offender when released.

"I'm sorry for the pain I caused. I never meant to hurt anyone," she said.
Malone added that she has lost her friends, family members, respect, privacy and the right to see her two children because of her actions.

August 30, 2007 - A judge ordered Malone to be released immediately under early release provisions that were denied by the prison.