COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:
“On October 31 2012, Fox Local News reported a 32 year old ninth grade English teacher at a Chula Vista High School, a suburb of San Diego, was arrested for a several-year long sexual encounter in which he was charged with fourteen (14) counts of oral copulation upon a girl who was 16 at the time.
The teacher was on the list of top 10 finalists for Teacher of The Year award, and a School District spokesman said “it’s a big shock and surprise for us.’ This pattern of sexual abuse cannot be tolerated by any adult upon a child, and it is despicable for a person in a position of trust to cross the line and lose his respect for the student, himself and the profession.
Unfortunately, the teacher could not maintain his boundaries. At this time, no one has come forward as his lawyer to offer any information. However, the teacher’s career may forever be damaged, and his teaching credential revoked by the California Commission on Teacher Credentialing through their disciplinary process if the facts are proven (http://www.ctc.ca.gov/pdf/2011-07-11-presentation.pdf). While not offered as a defense, the sexual relationship apparently involved a student that never had the defendant as a teacher.”
CRIMINAL DEFENSE ATTORNEY SAM SPITAL
“The teacher has since been released from County Jail after the D.A. needed more information on the case and decided they would not file the sexual abuse charges. It is possible the alleged victim has given inconsistent statements &/or lacks substantial credibility to corroborate the offense. This is not uncommon and it underscores the importance of not reaching any conclusions by the mere fact someone has been arrested. We all know a person is innocent until proven guilty and in a criminal case the prosecution must prove its case beyond any reasonable doubt.
The District Attorney has up to one year to file a misdemeanor charge and two years for a felony.”
SAN DIEGO CRIMINAL LAWYER SAM SPITAL