Tuesday, October 30, 2007

Updated - October 30, 2007

Much of the work at the blog is following up on stories. We do this daily but do not re-date the stories until there is a final finding and/or sentencing. Usually we don't even add them in this space either. A few were ones we got inquiries on or were following closely.


INDICTED
Erin Baker, 25, female, an Ohio coach, was indicted on 55 charges of having sexual contact with a player during the past two years. The charges include 38 counts of sexual battery and 17 counts of unlawful sexual conduct with a minor. The age of the girl was not given. (Ohio)
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MOTION TO DISMISS VERDICT
In one of those curious cases that makes little sense,the attorney for Albert Scerbo has filed a motion to dismiss or retry Albert Scerbo. Scerbo is a music teacher at an Onondaga Indian school who was arrested in Dec 2006. What is so curious is the pre-trial "racism" charge by the New York Times who termed a small girl who referred to Scerbo as a "white cracker" as "bristling racial tensions." Overblown rhetoric - again in the New York Times - called the case, "an emotionally charged case that has touched on differences in race, class and religion.."

Scerbo was found guilty by a jury on two of the charges and not 17 other charges, after pre-trial coverage that included headline after headline in the newspapers reporting that charges were dropped as four victims were eliminated from the case by the judge . It was a bizarre display of media involvement that seemed out of place with the story, especially since we got tons of e-mail from people asking, "What racism???" We searched for evidence of it online in other local media but found no "bristling tensions" in their coverage of the story. Or the community.

And then, surprisingly, a day or so before sentencing, the local paper ran two stories that resulted in the lawyer asking for a delay in sentencing. After contacting jurors, they allege that two jurors convinced other jurors of the guilt. Bizarrely, the legal motion stated that the two jurors were both educators who told jurors that teachers were trained not to touch children. Teacher training wasn't a part of the prosecution presentation and it's an interesting question whether jurors, whether they are teachers, doctors, lawyers or policemen are allowed to bring their expertise to a trial.

None of which explains the peculiar interest in the case by the media. Can someone tell us who Scerbo is related to? Or what the big deal is?
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TRIAL POSTPONED
The trial of a teacher described as a "great guy and fun. He had a crazy sense of humor," by the PTA president has been postponed. Greg Westhoff, 60, will go to trial in March. In the meantime, more details are emerging about his background that included previous charges of harassing a female student for which he was fired, and a guilty plea to second-degree harassment of a male student in a physical dispute in the cafeteria, an incident for which he was reprimanded and removed from the classroom. He was sentenced to one year conditional discharge in that case.

The school district is being sued by one victim, but the PTA president - someone who you would expect would respect the children who are the alleged victims in the case - said that many students in the class believed that Westhoff's accusers made their allegations because they were failing the class.

She said that to a newspaper. That she said that before the release of information that the teacher was fired for harassment of a female in 1997 doesn't excuse the thoughtlessness. In defending the teacher, she cast doubt about children who have yet to testify, reinforcing the reaction of children in the school who nearly always side with "popular" teachers.

Whether the teacher is ultimately convicted of the charges, there is no excuse for repeating the poor and uninformed judgement of other students. Schools are there to teach children how to think, not to react emotionally. But, even worse, imagine how the victims feel with that stunning condemnation of their motives from an alleged adult. From their school, no less.
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TRIAL to BEGIN (finally)
Arrested in 2004, Jesus Rivera, 45, has been on bail for two years. He is accused of sexually abusing five male students. The abuse dates back to 2002. A jury was selected and the trial is scheduled to begin this week. (California) No idea why the case has taken so long.
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NEW OR COMPLETED CASES
PAROLE DENIED (AGAIN)
For Brian Floss, 44, a third-grade teacher in Arkansas who was sentenced to ten years for sexual assault of an 8-year-old girl. It was the second time the family has had to testify. Floss has served five years.
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SENTENCED
To 90 days in jail for sending lewd text messages to a female high school student and discussing inappropriate topics with her. The high school wrestling coach apologized and called it stupid and irresponsible. The judge corrected him. "It was was more than stupid and irresponsible, it was criminal,” and "extremely concerning." (Minnesota)
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SENTENCED
A boys soccer coach in Michigan was sentenced to 270 days in jail for using a computer to accost a child for immoral purposes and using a computer to disseminate sexually explicit material to a minor. Turns out the two 14-year-old girls were police. The coach will have to register as a sex offender.
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SENTENCED
In Alabama, a teacher pleaded guilty to bringing a loaded gun to school. He was sentenced to a 10 day suspended sentence. He will keep his job. The school had suspended him for three days.
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GUILTY PLEA - child predator
The judge described him as a "manipulative, cunning, deceptive con-man extraordinaire who is a classic child predator" in court after Thomas 'Truck' Harris, 52, admitted molesting a 13-year-old boy in 1991 when he was the boy's baseball coach.

Harris was found guilty by a jury in June on sexual assault, endangering the welfare of a child and criminal sexual contact in connection with the abuse of another victim . Evaluators at the Adult Diagnostic and Treatment Center at Avenel found him to be a repetitive and compulsive offender.

Interpol is investigating him in connection with cases in the Philippines.
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ARRESTED - child molestation
School bus driver Scott M. Bender, 44, was arrested for investigation of first-degree child molestation. Reportedly, when interviewed by Pierce County sheriff's detectives, the documents say Bender initially denied all of the allegations but later admitted to exposing himself to the girl. She was four-years-old.
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CHARGES DROPPED and RECORD EXPUNGED
For a teacher arrested in Florida in 2006. It was a case we never discovered and did not cover and can't find in archives.
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CORRUPTION, FRAUD, RESIGNATION and MONEY
The Feds are looking into corruption in Memphis Schools and have convened a grand jury to look into $50 million contracts for three schools. Several board members testified. Details won't be available until the grand jury completes their task. In other news, the Memphis Schools have conducted an internal audit into their cafeterias. No criminal charges have been filed as of this date but the preliminary audit is a clue to big problems. It cost them $9,000 just to haul away the 343 tons of food to the dump. And 343 isn't a typo. (Tennessee)
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In New Jersey, the school director of facilities was indicted and he wasn't even the subject of the investigation. Search New Jersey labels for other corruption cases in the "Garden State" that we've started to dub "The Corruption State." Online Resources - links to the U.S. Attorney Office in New Jersey and other states. Fascinating reading.
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We're not sure what is happening in theDelaware Valley Regional High School District in New Jersey, but the school district has forwarded information to the prosecutor's office and the Superintendent has resigned.
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REVENGE?
A school board in North Carolina released the confidential personnel records of a teacher who was fighting a forced transfer to another school. The fact that they only released a few records that would bolster their decision was countered by the teacher who has released many of his records that show he was an exemplary teacher for 18 years.

It appears that they just didn't like him appealing his transfer and embarrassing them.

Confidential personnel records are sacrosanct for teachers accused of criminal conduct, which is making us wonder if the schools aren't using the "confidential personnel record" as a screen to shelter someone other than accused teachers.
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