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
Well, she's just barely innocent, but maybe I should cut back on the lunchtime drinks.
Nice
ping
Sad story.
I wish Ms. DeLuca well.
I have (unfortunately) some familiarity with Topamax and believe that it does tend to cause personality changes. Nevertheless, she is an adult and a teacher and is thus expected to keep such things under control.
She must not be that good looking in person. Pretty blond teachers get off with a hand slap for nailing students.
/sarc
Every 16 year olds dream. What does the judge find so abhorent?
*applause*
A generous application of blue eyeliner, a little more makeup and you'd have Mimi from the Drew Carey Show.
She is due the same exact justice that adult male teachers get for banging underage students, regardless if she has a pretty face or ugly face.
This must be Rosie's sister!
Wow, and you rarely vote at all.
Miscarriage of Justice!
Get the judge new glasses.
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