Innocent.
Posted on 01/11/2007 12:39:45 PM PST by Rodney King
Teacher jailed for sex with student By Stephen Hunt The Salt Lake Tribune Article Last Updated: 01/11/2007 12:16:55 AM MST
WEST JORDAN - Two years ago, Melinda Lee DeLuca - a married, church-going woman with two young daughters - began enticing a 16-year-old boy, a student in her Copper Hills High School sign-language class.
In October and November 2005, they had sex at least twice.
During DeLuca's sentencing hearing on Wednesday, a 3rd District Court judge grappled with the question of why the 30-year-old woman's otherwise "blameless and productive" life had gone awry.
"I abhor what you have done here," Judge Stephen Roth said, as he sentenced DeLuca to 90 days in the Salt Lake County jail. "We give a great deal of trust to teachers." DeLuca - who had pleaded guilty to one count of third-degree felony attempted forcible sexual abuse - must also pay a $1,000 fine, complete sex-offender treatment and reimburse the boy for counseling costs.
The judge said he would have sent DeLuca to jail for a year if not for her "sincere remorse," the absence of any prior criminal record and the forgiveness expressed by the victim's family.
The victim's mother told the court she initially "hated [DeLuca] with every part of my being. I [lay] in bed every day for a year, and I'm still struggling with that."
But the woman said her feelings changed following a recent meeting with DeLuca, where the defendant expressed remorse and shame.
"I do forgive her," the boy's mother said. "And even though she's hurt my family, I've grown to love her. I want whatever happens to her to be what is best for her."
Defense attorney Earl Xaiz said one reason for DeLuca's uncharacteristic actions might be her use of an anti-seizure medication called Topamax, which he said can cause "behavioral changes and cognitive impairment." He said DeLuca began having seizures three years ago, following the birth of her second child.
But Xaiz stressed that DeLuca was not using the drug issue as an excuse. "Beyond the scope of the statute, she understands that she was a teacher, he was a student, and she crossed a line she shouldn't have," Xaiz said.
Judge told DeLuca that while the drug issue might "have some role in explaining what is inexplicable . . . it does not entirely excuse you."
The judge noted that DeLuca occupied a special position of trust in relation to the victim. He also emphasized "this was not a single incident, there were a series of incidents."
During the fall of 2005, DeLuca and the boy had sexual intercourse at her home, and in the boy's car at a park near the high school, according to charging documents. Witnesses also saw the teacher and student kissing in the boy's car.
DeLuca, who had taught at the high school since 2001, was fired in December 2005, following a school district investigation. Criminal charges were filed in February. DeLuca faced the possibility of up to five years in prison, but pre-sentence investigators and prosecutor Andrea Martinez recommended probation and 60 days in jail.
The case has affected both families. Because of harassment by teachers and other students, the boy dropped out of school and is completing his high school education at home, his mother said.
Xaiz said that because of threats, DeLuca and her husband sold their home and moved to the other end of the valley.
The judge said DeLuca could report to jail by noon on Thursday to allow her to say goodbye to her daughters, ages 3 and 5. shunt@sltrib.com
Innocent.
Yep. No damage to that boy.
bump
She didn't do it. Definitely not guilty.
Not bad... where were these teachers when I was in school?! I have a feeling any sons that I have won't grow up thinking girls are yucky :)
I'm not sure. Maybe she'd get a hung jury.
i think he'll live.
Naw, I'm thinking guilty from the pic. Suspended sentence, next case.
I agree. I need to see more evidence before I can judge fairly.
Probably what she was looking for in the first place.
She has a frank and saucy demeanor. Release her immediately!
Child Molester.
She doesn't look like she'd be into that sort of thing.
I think of all the education that I missed.
But then my homework was never quite like this.
Got it bad, got it bad, got it bad,
I'm hot for teacher.
I got it bad, so bad,
I'm hot for teacher.
I'm sure if it were a male teacher and a female minor student, the sentence would be exactly the same. After all, men and women are equal before the law, right?
Wow. Your standards have fallen off a cliff.
How do you sign "Wanna go bouncey, bouncey?"
Why aren't the Feminazis demanding she get the same treatment a male teacher who had sex with a 16 YO girl would get?
I tohught the law had to be sex neutral?
LOL
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