County amends sex charge against teacher

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.