Montana teacher's 1-month rape sentence overturned

Teacher Stacey Dean Rambold

Montana teacher's 1-month rape sentence overturned
Associated Press
By MATTHEW BROWN
Yahoo
April 30, 2014

BILLINGS, Mont. (AP) — The Montana Supreme Court has overturned a one-month sentence that was widely condemned as too lenient for a former high school teacher convicted of raping a 14-year-old student.

The court ordered a new judge to re-sentence defendant Stacey Dean Rambold, who has been free since completing the previous term last fall.

Yellowstone County Attorney Scott Twito says that according to state sentencing laws, the decision means Rambold must serve a minimum of two years in prison.

The high court's decision cited in part the actions of District Judge G. Todd Baugh, of Billings, who suggested the young victim shared responsibility for her rape because she had some control over the situation.

The office of Rambold's attorney, Jay Lansing, says he is traveling and not immediately available for comment.

See also: Judge Todd Baugh can't change his 30-day sentence for rapist teacher; only the Appeals Court has jurisdiction now

See previous post on this case: Teacher who had sex with 14-year-old who later killed herself gets 31 days in jail while taxpayers pay $91,000

Judge Todd Baugh can't change his 30-day sentence for rapist teacher; only the Appeals Court has jurisdiction now

See previous post on this story.

Montana court blocks judge on new sentence for teen rape by teacher
Michael Winter
USA TODAY
September 6, 2013


Judge Todd Baugh (Photo: Larry Mayer, Billings (Mont.) Gazette)

Montana's Supreme Court on Friday ordered a county judge to cancel a hearing to reconsider the 30-day prison sentence he gave a former high school teacher convicted of raping a 14-year-old student with whom he had a sexual relationship for several months.

In granting the emergency order sought by the state attorney general, four justices ruled that Yellowstone County District Court Judge G. Todd Baugh lacked the authority to reconsider his original Aug. 26 sentence for Stacey Rambold, a business-and-technology teacher in Billings.

Baugh said shortly after the appellate action that he had already decided Thursday to cancel the Friday hearing. But he added that he had imposed, in writing, a new, 15-year prison sentence against Rambold, with all but two years suspended. He declared it the mandatory minimum required under state law, The Billings Gazette reported.

Baugh said the case will proceed through the formal appeal process.

He was vilified for his original 30-day sentence and for saying the victim, Cherice Moralez, was "older than her chronological age" and that she was "as much in control of the situation" as Rambold. He was originally charged in 2008, and she killed herself in 2010 before the case went to trial.

Her mother, Auliea Hanlon, stormed out of court, saying afterward, "I guess somehow it makes a rape more acceptable if you blame the victim, even if she was only 14."

Baugh apologized for his remarks but defended the sentence. Tuesday, he then announced that the sentence may be "illegal" and scheduled a hearing Friday afternoon...

Rambold's attorney called the original sentence appropriate and agreed that it could be undone only on appeal.

Stacey Rambold stands in the courtroom Monday in Billings, Mont., after sentencing by Judge G. Todd Baugh.(Photo: Paul Ruhter, Billings (Mont.) Gazette)

Rambold began a sexual relationship with Cherice in 2007 and was charged the following year. Because she was the primary witness, her suicide just before the trial complicated the case...

The judge ... compared Rambold's transgressions to parole violations.

But court documents revealed that as early as 2004 Rambold "was warned to stay away from young girls in his class."

Teacher who had sex with 14-year-old who later killed herself gets 31 days in jail while taxpayers pay $91,000

Does this look like the face of a person with the sexual sophistication of a fourteen-year-old? This teacher, and the judge in his case, apparently agreed that since 14-year-old girl had already had sex, the teacher wouldn't be causing any more harm by getting a piece of the action. Others think the teacher took advantage of a disturbed child who ended up killing herself. I wonder if he could have made a difference if he had involved himself in her life in a more positive way.

UPDATE Sept. 6, 2013: Judge not allowed to change 30-day sentence

UPDATE: New opinion piece by Meteor Blades

Unfit judge rules rape victim who killed herself 'was as much in control of the situation' as rapist
by Meteor Blades
Daily Kos
Aug 28, 2013

Outrage is growing against a Billings, Montana, judge who handed down a 30-day sentence to a rapist teacher and said the victim, who had killed herself, "was as much in control of the situation" as the teacher—35 years her senior at the time—because she was “older than her chronological age.” Prosecutors had sought a 20-year sentence in the case, with 10 years suspended. District Judge G. Todd Baugh imposed a 15-year sentence and suspended all but 31 days of it, with one day credited for time already served. The judge noted that the crime "did not warrant a lengthy sentence."

Whatever other rulings the 66-year-old Baugh has made during his time on the bench, that one makes him unfit to serve a single day longer.

The outrage began when the girl's mother, Auliea Hanlon, upon hearing the judge's ruling, stormed out of the courtroom repeatedly screaming "You people suck!" She had testified that the sexual relationship between her 14-year-old daughter and high school teacher Stacey Dean Rambold, then 49, had been a major factor in the girl's suicide a few weeks before her 17th birthday. Talk of the case on the internet and coverage in various traditional media have multiplied Hanlon's outrage far and wide.

Organizers plan a rally and protest for Thursday in a park next to the Yellowstone County Courthouse against District Judge G. Todd Baugh. A petition seeking his removal from the bench has been post online.

The case began in 2008 when Stacey Rambold, now 54, a high school teacher who four years earlier had been warned not to touch or be alone with female students, was discovered to be having a relationship with Cherice Morales, a 14-year-old student. He was arrested and initially pleaded guilty to a single felony charge. He was placed on paid leave from his teaching job, soon resigned and was forced to give up his teaching credential. In October 2008, he was charged with three counts of sexual intercourse without consent. The age of consent in Montana is 16. But before the case came to trial, Cherice killed herself, complicating things for the prosecution.

A settlement was reached. Rambold was granted deferred prosecution and ordered to complete a sexual offender treatment program after which the charges would be dropped. He finished the first two of the program's three phases. But then he stopped coming to sessions. It was learned that he was having unsupervised visits with minors and had begun a sexual relationship with an adult without telling the program's supervisors. "The violations were serious enough when taken together to kick Rambold out of the program, although it was learned that the minors Rambold was visiting were family members." Of course, sexual offenders never ever prey on family members...


Former teacher in Montana gets 30 days in jail for raping student who later committed suicide
By Associated Press
August 27, 2013

BILLINGS, Mont. — A former Billings Senior High School teacher who pleaded guilty to raping a 14-year-old student who later killed herself has been sentenced to 30 days in jail by a judge who said the victim was “older than her chronological age” and “as much in control of the situation” as the teacher.

District Judge G. Todd Baugh sentenced Stacey Dean Rambold to 15 years in prison for sexual intercourse without consent, with all but 31 days suspended. He gave Rambold credit for one day already served, The Billings Gazette reported (http://bit.ly/1dmuHZo ).

The girl’s mother repeatedly screamed, “You people suck!” and stormed out of the courtroom Monday.

Rambold, now 54, was charged in October 2008 with three counts of sexual intercourse without consent alleging that he had an ongoing sexual relationship with Cherice Morales, starting the previous year when she was 14.

Morales took her own life in February 2010 while the case was pending.

In July 2010, Rambold entered a three-year deferred prosecution agreement with prosecutors that said the charges would be dismissed if Rambold completed a sex offender treatment program and met other conditions, including having no contact with children. He also admitted to one rape charge.

The case was revived last December when prosecutors learned Rambold had been terminated from the sex offender treatment program.

Treatment provider Michael Sullivan said Rambold started missing meetings in August 2012, but Sullivan said he met with Rambold and he appeared to be back on track with his treatment.

Rambold was terminated from the program in November when it was learned that he had been having unsupervised visits with minors, who were family members, and did not inform counselors that he had been having sexual relations with a woman.v Defense attorney Jay Lansing said Rambold has since continued his treatment with a different program and an evaluation found him at low risk to re-offend.

Baugh said he was not convinced that the reasons for Rambold’s termination from treatment were serious enough to warrant the 10-year prison term prosecutors recommended.v The judge said he listened to statements given by Morales before her death and believed that while she was a troubled youth, she was “as much in control of the situation” as Rambold and was “older than her chronological age.”

Yellowstone County Attorney Scott Twito told The Associated Press on Tuesday that he would not appeal the judge’s sentence.

“We respect the court’s sentencing decision. We obviously disagree with it, based on the recommendations my attorneys made, but it appears to be legally permissible,” he said.

Asked about Baugh’s reasoning that a 14-year-old girl below the state’s age of consent had an equal share of control of the relationship, Twito declined to answer directly.

“The judge’s reasons are his reasons and his reasons alone. He has broad authority under state law, given the proper criteria,” Twito said.

The case resulted in a $91,000 wrongful death settlement between the school district and Morales’ family.

Rambold reached a confidential settlement with the girl’s family.


Mont. judge apologizes for comments in teen's rape
By MATT VOLZ and MATTHEW BROWN
Associated Press
August 28, 2013

ILLINGS, Mont. (AP) — A Montana judge apologized Wednesday for saying a 14-year-old rape victim was "older than her chronological age" and had as much control of the situation as the teacher who raped her — remarks that prompted protests and a petition for his resignation.

District Judge G. Todd Baugh made the comments Monday while sentencing former Billings Senior High School teacher Stacey Rambold to a 15-year prison sentence then suspending all but 31 days and giving him credit for one day already served.

...Faced with backlash over his comments and the sentence that protesters considered too light, Baugh wrote an apology in a brief letter to the editor to The Billings Gazette. The newspaper provided a copy of the apology to The Associated Press.

"I'm not sure just what I was attempting to say but it did not come out correct," he wrote. "What I said is demeaning of all women, not what I believe and irrelevant to the sentencing. My apologies to all my fellow citizens."

"I will add an addendum to the court file to hopefully better explain the sentence," he added.

A protest scheduled for Thursday outside Yellowstone County Courthouse will go on despite the apology, said organizer Sheena Rice, stressing that it's important for the community to show it is not going to stand for victim blaming.

"I'm glad he apologized, but he should have known better as a judge," Rice said. "The fact that he said it makes me think he still believes it."

A petition will be circulated at the protest calling for Baugh's resignation. An online version of the petition had more than 8,500 signatures by Wednesday morning.

If the petition and protest aren't enough to force Baugh's resignation, protesters will shift to defeating him in the 2014 election, Rice said.

He was first elected to the bench in 1984 and has been re-elected every six years since then without an opponent.

Rambold was charged in October 2008 with three counts of sexual intercourse without consent after authorities alleged he had an ongoing sexual relationship with Cherice Moralez, starting the previous year when she was 14. Moralez killed herself in 2010 at age 16 while the case was pending.

The girl's mother, Auleia Hanlon, said in a statement to the Gazette that she no longer believes in justice after Baugh's sentence and remarks about her daughter.

"She wasn't even old enough to get a driver's license. But Judge Baugh, who never met our daughter, justified the paltry sentence saying she was older than her chronological age," Hanlon said. "I guess somehow it makes a rape more acceptable if you blame the victim, even if she was only 14."

Under state law, children younger than 16 cannot consent to sexual intercourse.

Failure to Report Student-Teacher Sexual Relations Costs SD Unified $1.25 Millio

There is a lot of secrecy in schools about things that should be discussed and, in some circumstances, reported to authorities. Schools should make a habit of having adults tell the truth. They do the exact opposite.

Failure to Report Student-Teacher Sexual Relations Costs SD Unified $1.25 Million
By Dave Rice
December 21, 2011

The California Court of Appeals has confirmed a $1.25 million judgment against the San Diego Unified School District, a decision filed Tuesday reports. The case stems from the District’s failure to report suspected sexual abuse while plaintiff Wieder was a student at the District’s School of Creative and Performing Arts (SCPA).

In 2007, Wieder filed a complaint naming the District, John Lee, and Elizabeth Laughlin as defendants, alleging negligence and failure in their statutory duty to report suspected child abuse. In 2008 the complaint was amended to name sexual abuse, sexual battery, battery, negligent infliction of emotional distress, and intentional infliction of emotional distress.

At trial, various school employees testified concerning their knowledge about a sexual and romantic relationship between Wieder and defendant Lee, that began while Wieder was in the 10th grade and continued through her high school years. Lee had been Wieder’s ninth grade physics teacher.

In the plaintiff’s sophomore year, she was a member of an after-school martial arts club that Lee instructed, and he often gave her a ride home after class in his pickup truck equipped with a camper shell. Wieder had developed a crush on Lee, who was 36 years old at the time. Shortly after Wieder’s 16th birthday, Lee initiated a sexual relationship.

The pair had intercourse one to three times per week throughout Wieder’s junior and senior years, according to testimony. Most of the time, Lee would drive her to a Mission Bay parking lot, where they would have sex in the back of his truck. The two were also close at school, with Wieder frequently eating lunch in Lee’s classroom and exhibiting displays of affection several testifying believe to be excessive.

Andrew Hinds, a teacher at SCPA, said he saw Lee and Wieder “hugging, grappling, stroking, and petting.” Wieder often spoke about Lee in class while she was a student of Hinds. In November 2005, Hinds began to suspect her relationship with Lee was sexual in nature.

Matt Stoever, another SPCA teacher, concurred. He told Hinds that a substitute teacher told him Wieder had confessed the nature of her relationship with Lee to a friend of the substitute. Hinds then wrote a letter to Laughlin, the school’s principal, informing her of what he had seen and heard. Stoever prepared a memorandum regarding what he’d seen, and made it available to police in a subsequent investigation.

Andrew Barbolla, yet another teacher at SPCA, testified that he heard from students that they believed Lee and Wieder were “maybe a little too close.” He also observed Wieder riding in the middle seat of Lee’s truck next to Lee, saw the couple hug multiple times, and witnessed Wieder run up to and jump on Lee, straddling him with her legs around his waist. Barbolla says he confronted Lee about the inappropriate relationship, and also conferred with Stoever and Laughlin about it, telling Stoever “it’s only a matter of time until [Lee] gets popped.” While Laughlin agreed she “needed to do something” about Lee, neither of them reported suspicions to Child Protective Services or police.

Hortencia Garcia-Rubio, another teacher, testified that she confronted Lee after having concerns expressed to her by another student. She says she also informed Laughlin about the report. The student testified that Susan Strasser, another SPCA teacher, was within five feet of Lee and Wieder while they engaged in some of the inappropriate behavior he’d witnessed.

Priscilla Pearson, an SPCA security guard, said she saw Lee and Wieder leave the campus together in Lee’s truck. She also saw them alone in Lee’s classroom, with Lee seated and Wieder standing behind him, running her fingers through his hair. Pearson immediately reported what she saw to vice-principal Emma Martinez, who went to the classroom and saw Wieder’s arm around Lee’s neck and her head on his chest, while other students milled about nearby.

Martinez pulled Lee aside and told him she thought the behavior was inappropriate, then reported what she’d seen to Laughlin. Martinez later wrote Lee, stating she was “shocked” with what she’d witnessed.

When it was principal Laughlin’s turn to testify, she denied Barbolla had reported any concerns to her. She likewise denied expressing concern about Lee to Hinds, and said Garcia-Rubio never reported student concerns either.

None of the witnesses reported what they’d seen to any higher authority than Laughlin. Child Protective Services and police did not become involved. The truth came out only after Wieder graduated SPCA and entered college, at which point Lee confessed to her mother that he and Wieder had shared a romantic and sexual relationship since her sophomore year. The relationship ended shortly after this conversation.

Before trial, Lee entered into a settlement agreement with Wieder for $40,000. After the trial, a jury awarded Wieder $250,000 in economic damages and $1,000,000 in noneconomic damages. It assigned 40 percent of the fault for harm caused to Wieder to the District, and 60 percent to Lee himself. The trial court then entered judgment against the District for $650,000.

On appeal, the District argued that Penal Code 11166, which requires “mandated reporters” including teachers, classified employees of any public school and others to report suspected child abuse, does not create a civil cause of action for its failure to follow the law. The district also argued that it “does not have any direct, mandatory duty under section 11166 to report reasonable suspicions of child abuse.” The appellate court struck down the appeal and upheld the judgment in total.

Local Student Exchange Programs Under Fire

Local Student Exchange Programs Under Fire
Homestay Services International, Pacific Intercultural Exchange Under Fire
10News.com
December 6, 2011

Last week, allegations against a San Marcos man came to light. A Japanese exchange student said her host father, Fernando Paucar, molested her. Paucar denies the allegations.

Administrators at Palomar College – where the Japanese student is studying – have asked to meet with the owner of the agency who sponsored her, Homestay Services International.

According to an Oregon newspaper article, another San Diego-based exchange program, Pacific Intercultural Exchange, is facing a $2 million lawsuit after a boy said his host father molested him.

But American students studying abroad are also vulnerable. Danielle Grijalva of Oceanside founded the Committee for Safety of Foreign Exchange Students after hearing one horror story after another. She showed 10News reporter Itica Milanes a horrific picture of an emaciated American teen after he went to Egypt to study and explore the culture.

"When I see the photo, I have to rule out the word 'allegedly,'" said Grijalva...

Innocent teacher Tonya Craft says false accusations can happen to anyone, anytime

The fact that these cases keep popping up around the country, with outrageous false accusations that no normal person would take seriously, is an indication of how dysfunctional our justice system is. How do police manage to ignore the warning signs of a child custody suit gone wrong, and witnesses who admit they're lying?

See all Tonya Craft posts.

“I want to make people aware that this can happen any time, anywhere, to anyone,” she said. “The children that are part of false accusations are just as devastated as those who are truly molested.”


Craft gives live interview on NBC, defense team to appear on 'Larry King'
Rome News Tribune
May 11, 2010

Former Ringgold teacher Tonya Craft appeared live on NBC’s “Today” show this morning, a day after being acquitted on charges she molested three young girls...

"Today" host Meredith Vieira interviewed Craft, her husband and her lawyer. Craft told Vieira that she had been worried about the verdict after researching other cases involving false accusations.

“I almost couldn’t let myself think there was going to be a not guilty,” she said. “I never thought I could be arrested for something I didn’t do, so I absolutely had to expect the worst.”

Craft also talked about her daughter — one of the alleged victims — testifying for the prosecution, and how the children truly believed something happened to them.

“That was the absolute hardest thing I’ve ever experienced,” she said. “There was no anger towards her. It absolutely broke my heart.”

There have been death threats made against Craft since the verdict, the interview revealed.

But Craft’s focus now is on regaining custody of her children, and educating others on the effects of false accusations...

Ex-Teacher's Trial a Sham, Supporters Say

UPDATE: TONYA CRAFT NOT GUILTY

Tonya Craft Verdict: Not Guilty - Tonya Craft Found Not Guilty of 22 Counts of Child Molestation
May 11, 2010
Gather

Ex-kindergarten teacher Tonya Craft was found not guilty today of 22 counts of child molestation. The Tonya Craft verdict was announced at about 5:30 today.

The jury read the not guilty verdict to all 22 accounts, including molestation, sexual battery, and aggravated molestation.

The Tonya Craft verdict may have gotten Craft out of going to prison, but Craft's life will never be the same. Since she was arrested for molestation, Craft has lost her job and her house...



This case sounds an awful lot like the Dale Akiki and Jim Wade cases here in San Diego. I must say this about our District Attorney, Bonnie Dumanis: as much as I am appalled by the abuses of her Public Integrity Unit (now defunct), at least she never did anything this insane.

The timing of these accusations was extremely convenient for the ex-husband of the accused, who who waging a child-custody battle against the accused.

"As the trial continued, many conflicting details emerged. One of the alleged victims admitted to lying in a previously taped interview, and another said she was promised a toy for talking to police. Other times, witnesses said they could not remember pertinent details of the case."


Ex-Teacher's Trial a Sham, Supporters Say
May 11, 2010
AOL News

Supporters of Tonya Craft are speaking out as both sides anxiously await a verdict today in the five-week trial of the former northwest Georgia elementary school teacher accused of molesting three young girls. Craft's supporters called the entire ordeal a "sham" that should never have been allowed to occur.

"It's divided the community between those who are intelligent and can think for themselves and those who are blindly led," local resident Harmony Lefler told AOL News. "It's horrible to say that, but it is the truth."

Keri Mann, a resident of nearby Chattanooga, Tenn., and a member of the Facebook group Truth for Tonya, agrees.

Tonya Craft arrives at court on May 6, 2010, in Ringgold, Ga.
Billy Weeks, AP
Tonya Craft arrives at her trial in Ringgold, Ga., on Thursday. She was charged with child molestation in June 2008.
"I have not met one person who believes she is guilty," Mann said after closing arguments Monday in Ringgold, Ga. "There are several teachers and former teachers in my family who were all stunned by this case. ... As a future teacher, I am scared to even work in this community because of these allegations."

Craft, a mother of two, was arrested in June 2008, after she was accused of molesting three girls, age 5 and 6. Prosecutors say the incidents occurred at her former residence on Sycamore Drive.

The five-week trial began in Catoosa County Superior Court on April 12. Jurors heard tearful testimony from the three young accusers, who are now 8 and 9 years old, and their parents. One of the alleged victims said Craft molested her "in kindergarten and first grade."

As the trial continued, many conflicting details emerged. One of the alleged victims admitted to lying in a previously taped interview, and another said she was promised a toy for talking to police. Other times, witnesses said they could not remember pertinent details of the case.

A nurse and doctor testified that the three girls in question showed signs "suspicious of sexual abuse," but Dr. Nancy Fajman, a professor of pediatric medicine at Emory University in Atlanta, said she saw nothing suspicious in her review of the forensic photos of the exam.

"I find nothing suspicious about it, and I would report it as a normal examination," Fajman said.

The defense also presented several teachers from Chickamauga Elementary School who said they had no reason to believe Craft had acted inappropriately with any of her students and spoke highly of her as a teacher.

Craft's attorneys argued she was the victim of revenge, following an April 2008 investigation she had initiated when she began to suspect her own children were being abused after her divorce. That investigation, which was later closed, occurred one month before the allegations against Craft surfaced...

Bonnie Dumanis' strange relationship with school districts: Coach’s arraignment is canceled

Does Bonnie Dumanis jump the gun when one of her pals at local schools asks her to charge an employee, parent, or student? This is reminiscent of many cases, particularly the Josh Stepner case. I wondered about Dumanis and SDCOE lawyers in this post.

Coach’s arraignment is canceled
Sex-crime charges are under review
By Kristina Davis
Dana Littlefield
San Diego Union Tribune
January 9, 2010

SAN DIEGO COURTS — The arraignment of a 35-year-old soccer coach on sex-crime charges was canceled yesterday while the District Attorney’s Office reviews the case further, authorities said.

Robin Michael Alarcon had been scheduled to appear in San Diego Superior Court after he was accused of sending inappropriate text messages to a female student, but a spokesman with the District Attorney’s Office said prosecutors had not made a final decision as to what charges, if any, would be filed.

The spokesman, Steve Walker, said he expected Alarcon to be released from the County Jail yesterday.

Alarcon, who coached the girls freshman soccer team at Del Norte High School in 4S Ranch, was arrested Wednesday by San Diego police officers on suspicion of luring a minor for a sexual offense and sending harmful material to a minor with intent to seduce.

San Diego sex-crimes unit Lt. Rick O’Hanlon said Alarcon was accused of sending “very inappropriate” messages to the student Tuesday night. The coach was fired from his job after reports of the alleged behavior came to light.

The girl’s mother said she was disappointed that the arraignment was called off and hopes the delay will not affect her daughter’s credibility.

“To know he’s out with nothing holding him is kind of unsettling to her,” she said. “I’m certainly putting my faith in (the district attorney’s) capabilities, and they seem to be on it and anxious to deal with it. It’s a matter of making sure they do as thorough a job as they can, and I understand that.”

It is the policy of The San Diego Union-Tribune not to identify alleged victims of sexual abuse.