County amends sex charge against teacher
Yakima Herald-Republic
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YAKIMA, Wash. -- An East Valley High School teacher accused of having sex with a 16-year-old student will face the expected charge of first-degree sexual misconduct with a minor, Yakima County's top prosecutor said Thursday.
The initial filing last week of a second-degree charge in Yakima County Superior Court was an error, county Prosecutor Jim Hagarty said.
Hagarty said he thought a revised charge had been filed earlier this week. But because court clerks were unable to find that revised charge, Hagarty said, he signed a new copy of the first-degree charge Thursday afternoon.
He called the initial misfiling a joint mistake by the deputy prosecutor assigned to the case and an office staff member who prepared the paperwork.
"It was an error, but there was nothing mysterious about it, there was nothing sinister," Hagarty said.
He criticized the Herald-Republic for what he described as blowing the issue out of proportion in a Thursday story. The story noted that neither the deputy prosecutor nor Hagarty had responded to requests for comment on why the charge filed last week was different than what prosecutors said they had filed.
Deputy prosecutor Sam Chen told a reporter Monday he'd look into the discrepancy. Hagarty said Chen couldn't follow up because he had to leave to care for his children, who were ill. Chen did not return to the office until Thursday.
Hagarty had also been asked to respond, but he said his schedule has been "hectic." His schedule included budget talks, court cases and other matters, including traveling Wednesday to Seattle where his wife had a medical appointment.
Hagarty said he will consider strengthening the process to make sure that proper charges are filed, and that he will review the standards on whether to arrest defendants who are teachers.
Hagarty also outlined why the teacher, 31-year-old Michele L. Taylor, had not been arrested.
Thursday's Herald-Republic story noted how Taylor's case was treated differently than that of former Mabton High School coach Michael Roettger, who was arrested and briefly jailed for suspicion of first-degree sexual misconduct. Roettger eventually pleaded guilty to the misconduct charge.
Hagarty said Taylor's gender had nothing to do with his decision to request a court summons instead of having her jailed. A variety of factors -- including her suspension from the school district, her lack of a criminal history, and because she retained a defense lawyer -- played a role, he said.
Thursday's Herald-Republic story erred in reporting that Roettger was arrested on the day the investigation began. County sheriff's detectives investigated allegations against him for about a month before making an arrest.
In addition to first-degree sexual misconduct, Taylor faces two counts of communicating with a minor for immoral purposes involving the 16-year-old and a 15-year-old boy.
Sexual contact by teachers with students 16 or older is considered misconduct, rather than rape, under state law.
A first-degree misconduct charge is an accusation of sexual intercourse with a minor; a second-degree charge merely means sexual contact.
Taylor, a five-year East Valley gym teacher who is married with three children, is accused of having sex with the 16-year-old in the back of her truck in May at the Kmart parking lot off State Route 24.
She faces an Oct. 16 court appearance. Her defense attorney, Ulvar Klein of Yakima, has already entered a not guilty plea for her.
She remains on administrative leave from the school district, which is conducting an internal investigation of the allegations.
* Mark Morey can be reached at 509-577-7671 or mmorey@yakimaherald.com.
Its amazing what an error can do.
Report ViolationThat's nothing compared to the downtown treatment center that can have convicted offenders hang out right in the small building where there is a daycare.
Report ViolationCome on, are you kidding? Gender did not play a factor?! Of course they're going to say that to cover their end on the political side of the story for the public. This is obviously one of those "situation dictates" kind of things. They may not admit that it's a clean cut case of gender, but I think it's obviously the case. This is just ridiculous.
I've known Roettger for years, and while I did not like the guy, he had no criminal history prior to his case. So what was the justification in arresting him again? A defense attorney? That is the weakest reason I have ever heard thrown out there - which leads me to believe that they are just scrambling and scrounging for excuses to cover things up. I can already see where this case is headed - and even if this woman was guilty clear as day, not a thing is going to happen to her. If she's clearly innocent, she's innocent and I would have the fortitude to sincerely apologize to her personally for judging her.
This Lady has not been convicted of a crime. Yet. Sharks are not circling. There are many problems with public education which need to be addressed and solved. You can't fire a bad teacher with Tenure let alone a Teacher who abuses children. The List of bad terminated teachers can be put on a piece of fortune cookie paper. Not a very long list. Most Teachers are Great.
Unconditional Love is a great thing. This Teacher is going to fully understand it before this is over.
These News stories are all Over the world. People speculate and comment knowing the accused has not been convicted. And may show the history of the system.
People are blogging we have already convicted her. Which is not the case. They can also blog about the other 2500 school teachers. They will not. They can also advocate for children, they will not.
If she was not guilty she would have or should have already released a statement. The fact that she has remained silent leads me to believe that she is hiding her face in shame. Charges like this aren't usually filed unless they have some sort of solid evidence.
How many other boys has she flirted or messed around with that haven't spoken out? Sex in the back of her truck at the K-Mart parking lot?!?! If all she wanted was meaningless sex (never mind that she's married and a mother of 3) she could easily go out to a bar and hook up with A GROWN MAN!!
Like I said before, she put herself in this predicament, she should have known better.
You're starting to see how this prosecutor operates. He and his office have no regard for the public or the victims of crime in this community. I'm not sure who's more incompetent, the school system or the prosecutors. When the prosecutors office makes a mistake (really dumb one) they can't even stand up and admit it, they lash out and blame the media.
FLASHBACK: The Yakima County Republican Party chose an experienced county prosecutor to replace Ron Zirkle the three (inept, rich boy, never accomplished anything in their lives without it being handed to them by their daddy's) County Commissioners chose this federale who wasn't even from Yakima.
I predict this case will get tossed out or reduced to a parking ticket.
Tell me Jordan, if it was a man would you be saying the same thing?
Report ViolationI can't believe any of you are convinced this teacher is guilty. I first heard about this last May, prior to her arrest. Many students heard that these two boys were going to try to get this teacher fired, prior to her arrest.
If you don't think these two kids are capable of making up a lie, and get to a teachers cell phone to send a message to themselves, you need to get your head out of your bucket.
Response to leturvoicebeheard:
She hasn't made a statement so she must be hiding in shame?
And Charges are NEVER filed unless they have solid evidence?
My reply:
Get the facts on how our Judicial System works!
Let me tell you the defense attorneys ALMOST ALWAYS never let their client make a statement (when adult vs child) any type of statement will condem them. BECAUSE our society always marks them guilty.
As for charges: ALLEGATIONS of any extent can always be filed with or without evidence. Test this out, think of someone you hate, go down to YPD file a report of harrassment, better yet of Rape. Gaurenteed, you the accuser will be taken at your word, the person accused...well their life is over until proven otherwise.
I attached my reply below to one of the other articles the herald printed re: Mrs.Taylor.
Why has it been reduced???
Well maybe new EVIDENCE has come to light, and maybe it shows she didn't do this! Maybe it shows that kids out of anger or revenge for being ticked off at an adult can make an "ALLEGATION" not realizing just exactly what is going to happen. SO then maybe just maybe they retract their statement thinking it will all go away.. EXCEPT, we live in a society that THRIVES on hurting one another, pointing out EVERYONE elses faults (according to their own thinking)and Judging one another literally to the death.
I wonder how many of YOU finger pointers have ever screwed up or been blamed for something you didn't do and are THANKFUL people forgot about it, forgave you or simply turned the other cheek and now its gone.
Now if she did it, she needs serious Mental help, her children need to be consoled and she needs to be imprisoned. BEFORE you condem someone, how about in our fine nation that our men and woman are over sees dying for, we actually treat her as INNOCENT until proven guilty!!
Iv'e been part of the legal system in a VERY similar case, an adult wrongly accused of hurting a child by an angry ex. It took 2 plus years, almost 50k, a polygraph and wasted many hours and cities monies to get to the bottom of it. It was proven to not have happend, it was proven the mom lied and THANKFULLY the SEX charge was reduced as well, but only reduced and because the Prosecutor needed to suffice THE PEOPLE, The people who condemed him. It was easier to give a reduced misdeanor so THE FINGER POINTERS and CONDEMERS would shut up and see he got something. Now you know why so many INNOCENT people pay for a crime they didnt commit.
How about society teaches their children not to LIE, not to seek revenge!!
Oh and lets leave the whole church and God thing out, too many of you simply can't wait to talk against someone who goes to church. People who go to church go their because they know their NOT perfect, they aren't a finger pointer who thinks they don't screw up. They know they do, they know their forgiven if they ask, they know that God loves them and sent HIS son to die for a sinful fallen world that condems one another.
400 messages exchanged. clearly, I've had my head out of the bucket and have been reading the facts. she should have spoken out if she thought something like this was happening. she put herself in this predicament. she should have stayed professional.
Report Violationand her charges were never reduced. they are maintained at first degree sexual misconduct.
I am also very aware that people can plea bargain to a lesser charge so they can get a lighter sentence versus having to go to trial. sometimes there's evidence best left out of the courtroom and people would rather take the easy way out with a plea bargain.
Yep your head is Clearly out of the bucket..... I am sure your not taking the 400 message report simply from a statement, I am sure you saw them.
I am sure you are part of the legal process and you must be right in assuming EVERYONE bargans for a LESSER charge. I am sure you have NEVER seen and been in the court room when an innocent person pleads guilty to a misdeamnor charge because if he doesn't take the offer from the prosecutor then the PEOPLE will find him guilty of the bigger charge and go to prison...when HES COMPLETELY INNOCENT.
I am sure your head is completely out of the bucket. And you probably know for a fact a child NEVER could stretch the truth, Oh and that teachers just teach, they should never speak to our children outside of school or befriend them.
I have children and I am thankful for the teachers that go beyond the classroom.....They know both of my kids, and my daughter has some of their cell #'s. I am also a parent that is at school, I check email, I check who, what when and where....Maybe these boys parents should have been more in tune with what the boys were doing. It's hard and kids hate it when parents actually parent........But I can tell you, when a text comes in at night I have her phone, I read and I see. My child isn't out at 10 pm....anywhere!! So lets put the parenting back on the parent...oh but wait we can't do that!!! It's NEVER the parents fault now is it?
I wonder why their parents don't have any settings on their phones.....you know they have parental control settings. Oh, you probably know that because your head is out of the bucket.
Posted by BigDave at 09/18/09 03:00PM Post ID#: #13192
Tell me Jordan, if it was a man would you be saying the same thing?
I've posted many items about the school system and men teachers & coaches. And the culture supporting all of them women & men.
http://seattletimes.nwsource.com/news/local/coaches/news/dayone.html
http://freerepublic.com/focus/f-news/1379950/posts
Complete towns have supported Men praying on young girls. To have a winning team. Not my words, words from real investigative reporters from the seattle times. Not sport writers.
East Valley History-Sean Painter
http://community.seattletimes.nwsource.com/archive/?date=20040412&slug=coach12m
Sean Painter was a teacher and soccer coach with the East Valley School District, and had been formally reprimanded three times by October 2002 for harassing female students and a staff member and warned he could be fired if it happened again. Ironically, a new state law would prevent someone like Mr. Painter from cutting such a deal in the future.
I know there are a few problems in Public Education dealing with these matters. I know the YHR has printed complete False Articles in the past. with full knowledge. I know local prosecutors are not always clean. This is all I know from my life experiences. People comment, speculate, the truth will come out in the end.
Report ViolationLOOK IT UP & READ THIS NATIONAL AWARD WINNING ARTICLE
Coaches Who Prey' Wins 2003 Education Reporting Award
School Reform News > June 2004
Education
Education > School Reform News
Email a Friend
Written By: George A. Clowes
Published In: School Reform News > June 2004
Publication date: 06/01/2004
Publisher: The Heartland Institute
--------------------------------------------------------------------------------
At an awards ceremony in San Francisco on April 17, Christine Willmsen and Maureen O'Hagan of the Seattle Times were presented with the Fred M. Hechinger Grand Prize for Distinguished Education Reporting by the Education Writers Association (EWA), the national professional association of education reporters and writers. Willmsen and O'Hagan won the award for their account of "Coaches Who Prey: The Abuse of Girls and the System That Allows it," a series that looked at how coaches got away with sexually abusing their female athletes.
"A stunning bravura display of investigative reporting, a thorough and engrossing read, and the kind of story that changes the way people look at things," the judges said of Willmsen and O'Hagen's work. "The series demonstrated the finest qualities of investigative reporting. As shocking as the abuse of the female athletes was, it was equally distressing to read about how the problem was covered up--by school boards, coaches, and even the educators' union."
The other finalists were Dan Golden of the Wall Street Journal, Matt Bach of the Flint Journal, and Doug Most of Boston Magazine. Recent winners of the Hechinger Grand Prize include Eric Eyre and Scott Finn, Charleston Gazette; Patrick Healy, Boston Globe; Ken Weiss, Los Angeles Times; and Tim Simmons, Raleigh News & Observer.
EWA hosts a National Seminar for education reporters each year and combines the event with the presentation of national awards for best reporting in a range of categories: newspapers, magazines, special-interest publications, television, and radio.
Tucker: I hope you are right but I find it hard to believe that students have such easy access to a teacher's personal cell phone to fake 300 (or 400, whatever) texts, plus the alleged phone call on a Saturday night in May.
Report ViolationArticle about text messaging..maybe the boys are swatters
http://www.rollingstone.com/news/story/29787673/the_boy_who_heard_too_much/print
Willwrk4wine; I agree, this teacher has some serious explaining to do, and she has probably has made some bad choices. But I think this is one case we should not assume guilt until after the trial.
Report ViolationTucker,
Wake up! She's never been arrested. That's part of the problem.
lobo; I know for a fact that she was booked into the Yakima Co. Jail on these charges. This is the problem, you have only heard one side of the story... the news media.
Report ViolationFormer Kelso coach sentenced in child @#$% case
KELSO, Wash. (AP) -- A federal judge has sentenced a former Kelso Little League coach to 32 months in prison after he was found to have 1,300 CDs filled with images of child @#$%.
U.S. District Judge Ronald B. Leighton on Friday also ordered 60-year-old Benny L. Hill to have 15 years of supervised release.
Agents were led to Hill after they found his e-mail address while investigating another child @#$% case. They raided his home in March 2008. Hill pleaded guilty to possession of child @#$% in August.
Question:
Was Mrs. Taylor's Cell Phone bill paid by the school district or was it her private phone ?
Most all school districts supply phones and pay cell phone bills for their staff.
OK -I don't get the bad word filters. Is @#$% a bad word?? Spell it out...po*rn*og*ra*ph*y???
Report Violationbarista, your head is in the bucket if you think parental controls prevent this sort of thing. kids, and adults alike, can do the most deceiving things disregarding parental controls and constant monitoring. wake up!
FYI: I have been in a court room, I have seen people pleaded to a lesser charge in order to avoid trial and those people WERE NOT COMPLETELY INNOCENT. They knew they did something wrong and had to pay for their crime even if it was something minor, they just wanted to get it done and over with.
If my child came to me and told me someone made them feel uncomfortable, touched them, or forced them to do something like this you bet your sweet @.. I'm going to say and do something. I may do my own investigation and confront that person on my own, God hope I can contain myself, but I will not let it be swept underneath the rug. my husband is a different story, I could see him taking matters into his own hands if ANYONE laid a hand on our children. And I have my head out of the clouds and I know that parental controls and monitoring cell phones, which history can be erased to the passing eye, are not the only ways to protect them, but they can help.
the truth will come out in the end to some degree.......hopefully.
Jordan, you said: "Most all school districts supply phones and pay cell phone bills for their staff."
You seem to be an expert in a great many areas, so could you please let me know which districts provide free phones to their teachers? I have been a teacher for quite a while, in several districts and several states, and I have never had the good fortune of finding a position where this is a perk.
Do you really know what you're talking about? Or do you just have lots and lots of time on your hands and nothing better to do with it?
Why are you interested in this case YakimaFan ? Why do you care ? Lots of Teachers being accused all other the country. You will have alot of blogging to do. I Asked a question. Coaches and some administration in many schools get their cell phone bills paid for. Go ask your school for the local records. You show me some proof, your a teacher and must be an expert.
Posted by YakimaFan at 09/17/09 03:33PM Post ID#: #13075
I think we can all agree that sexual misconduct with a minor is a heinous crime for which the guilty should be punished.
I think we should also all agree that Michele Taylor has not yet been found guilty of any crime. Nor might she ever be. In this country, those accused of a crime are presumed innocent until proven guilty beyond a reasonable doubt. I sure hope that none of you ever get called up for jury duty, as you appear to be unqualified for the task.
Until the verdict is handed down by a jury of her peers, I hope that some of you "circling sharks" will just back off a little. Remember that you might owe this woman an apology someday for slandering her name, if it is found that she was wronged. Perhaps you could save your criticisms of her until after she has actually been proven guilty.
YakimaFan
I'm not the YaKima Herald. I didn't set up this forum. I'm not the other news media outlets who broke this story. Maybe you should address them.
Did you read the Seattle Times Article "Coaches who prey" really does a nice job detailing the system. The article is about male coaches and little girls. All in Washington State.
In response to those people who think Michele Taylor is getting special treatment because she has family members in the school district and law enforcement, that is PERPOSTEROUS!! TELL ME WHERE THE SPECIAL TREATMENT IS!! She was removed from her job immediately (stripped of all privileges and duties), investigated by law enforcement for months, charged and re-charged by a fiasco of a prosecutor's office, condemned by the public, and the media has been relentless, vicious and coldhearted, even as low as to try and include her five year old triplets in this nightmare!!So you tell me; WHERE IS THE SPECIAL TREATMENT?? What more do you people want done to this woman, and the trial has not even begun!! Whatever happened to "INNOCENT UNTIL PROVEN GUILTY"??
Kids now days can be scary, vindictive and spiteful - they know they can destroy a life, I mean a LIFE, simply by making sexual accusations about an adult. It is a sad, sad world we are in, when kids can make accusations about a kind; caring and respected teacher in the community and society assumes immediately, they are guilty!! Schools now days encourage teachers to get involved with their students lives (sports, clubs, career goals, college), especially those troubled kids in need of a friend, or another words, mentoring.
Don't get me wrong, there are plenty of wonderful, good and striving kids out there who have respect for their elders and deserve to be protected from the bad people in our society. It is the spiteful, vindictive and troubled children in society today that need to get help (even if it is a teacher) to straighten their lives out, so they don't end up in prison some day.
As for the treatment of men versus women on these sexual cases, maybe men are treated a little differently because there are 10 times more male sex offenders in the world than female. Check it out!!
Wow !! SmithCouple, Lets wait until all the facts come out before you accuss these two kids. Whatever happened to "INNOCENT UNTIL PROVEN GUILTY"?? Your Words.
Your words:
Kids now days can be scary, vindictive and spiteful - they know they can destroy a life, I mean a LIFE, simply by making sexual accusations about an adult. It is a sad, sad world we are in, when kids can make.
These statements sure don't sound Hypocritical to me. What about you ? You sold me, the children are the problem.
Fellow Teacher ?
Fellow Christian ?
Family Member, Close Friend or Relative ?
My advise: If I was falsely accused. Raise money with your community ties. Start filing your own lawsuits against the school, State, Media, Etc. Where's your Union ? You have been accused of something you have not done.
Report ViolationFor One Falsely Accused Teacher, 'Sorry' Isn't Enough
By AMY ARGETSINGER, WASHINGTON POST
April 02, 2000
Five years ago, Domenigoni, a gruff tech-ed instructor in Portland, Ore., watched his life and career nearly disintegrate when a group of his junior high students claimed he had touched them inappropriately.
For seven weeks--from Thanksgiving through Christmas and his wedding anniversary--he waited in agony under the scrutiny of a police investigation and saw his name tarnished on local television news. He stopped eating and lost 15 pounds in two weeks.
So when the students recanted, Domenigoni decided their apologies weren't enough. He took the children and their families to court, winning judgments totaling $70,000. And he believes other wrongly accused teachers should fight back too.
"Do it. It will send a message," he said. "And make sure the papers hear about it. It's an ordeal, but it's worth it."
Domenigoni's case has strong parallels to that of Ronald Heller, the Montgomery County, Md., middle school teacher who recently was exonerated after seven students admitted concocting their claims of improper sexual contact by him.
In Heller's case, too, the students might pay the consequences: Six have been criminally charged with filing false reports, and all seven will have to transfer to other public schools once they serve their suspensions.
Both cases are rare.
Legal experts and education groups say that most teachers are extremely reluctant to sue or press charges against students even when they have strong complaints against them.
But some predict such reluctance might change in a climate in which teachers feel increasingly vulnerable to false accusations.
"Teachers are both frightened and angry about this," said Michael Simpson, assistant general counsel of the National Education Assn. in Washington, D.C. "If students continue to do this, teachers will go after them, and they should."
The prospect of teachers and students facing off in the courtroom is just one of the ways that the school environment has changed, in part because of a spate of accusations against teachers--both true and false.
For several years, teacher unions and school districts have warned employees against touching or hugging students or spending time alone in a room with them, for fear that innocent gestures could be misinterpreted or twisted, resulting in a complaint of abuse or harassment.
School systems also have developed a more aggressive "legalistic" approach to dealing with complaints, said Vincent L. Ferrandino, executive director of the National Assn. of Elementary School Principals in Alexandria, Va.
After his students' stories started crumbling and prosecutors decided not to pursue his case, Domenigoni sued the girls for defamation and their parents under Oregon's parental-liability statutes.
He did it to clear his name--and to make a point.
"Let's drive this home and drive it home hard," he said. "I do not want any child to not report any incident of real abuse. But you cannot lie. Don't even embellish."
As part of their settlement agreements, the students sent Domenigoni letters of apology, which he described as "heartfelt."
"I can accept what they did and why they did it," he said. "But I will never forgive them."
okay lets get real..shes guilty...comeon over 400 messages exchanged,the fact she wont put a statement up? shes no different the the mary kay person..except she got caught and didnt get arrested immediately.i feel no sympathy,id be embarrased to step out of my house,and her husband he teaches at the middle school,poor guy,i hope he leaves her for the embarrasement of all this...she couldve picked a bar fly up and had intercourse,it sickens me she chose a kid....
Report Violationsome of us know her well and can only know her for what she is,a child molester
Report Violationsmith couple: she is getting special treatment.she should been arrested.i have a teenager and by god if it happened to my kid,id sue the school, and be darn sure she is prosecuted. she is still getting paid..? for having sex w/a kid thats special treatment
Report ViolationI guess this D.A, and his assistant are the only two people in the world that do not check their messages when they are out of the office.
Report Violation
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