Victim's statements targeted in West High abuse case
Defense says she lied about sex with teacher
But 3rd District Judge Ann Boyden also said Monday that if defense attorneys want to contend in court that statements made by the victim regarding sexual relations with other adult men are false, they first must present evidence to prove it.
Jose Bernardo Fanjul, 45, is scheduled to go to trial Feb. 10 on five counts of first-degree felony forcible sodomy and five counts of second-degree felony forcible sex abuse. The award-winning teacher was arrested in September for allegedly having sexual relations with a female student.
Boyden considered defense motions asking that evidence from past cases, including statements made by the alleged teen victim in the case, be allowed.
The state will be allowed to bring up the fact the alleged victim in Fanjul's case was also the victim in another recent case involving a West High employee. Marco Herrera, 53, who was the girl's guidance counselor, was sentenced in September to three prison terms of one-to-15 years for having sexual relations with her.
The most contentious motion Monday, however, was one asking that statements the girl made that she had sexual relations with other adult men, in addition to the West employees, be allowed in court.
Defense attorney Ann Talafero argued in court these statements were made about the same time she claimed Fanjul had sex with her, and were all false. Talafero said the purpose of introducing those statements in court was to raise a credibility issue with the victim and show she lied about her relationships with those men just as she lied about her relations with Fanjul.
Talking about having relations with other unidentified men had no value in the case and would be "highly prejudicial to the victim," said Cristina Ortega with the Salt Lake District Attorney's Office.
There is a law that protects victims of sex crimes from having their prior sexual history revealed in court unless it's relevant to the case.
Boyden said making a decision on the motion was tough because the law was designed to protect victims of sex crimes from having such information brought up. In this case, however, the issue was not about the victim's alleged prior sexual relations, but whether or not she was a liar.
"The only issue is whether she told the truth about it," Boyden said.
Another motion requesting statements the victim allegedly made shortly after the Herrera sentencing was continued until the state had time to look the motion over.
The next court hearing is scheduled for Jan. 12.
E-mail: preavy@desnews.com
Recent comments
"But 3rd District Judge Ann Boyden also said Monday that if defense...
Anonymous | Dec. 26, 2008 at 11:21 p.m.
- Aggies beat Spartans in snowy Logan 11:43 p.m.
- Jazz hope D-Will returns soon 11:40 p.m.
- 1A championship: Rich undefeated 11:34 p.m.
- 1A: Rich defense rises to occasion 11:31 p.m.
- Pacquiao stops Cotto to win 7th title 11:26 p.m.
- NFL Sunday 11:25 p.m.
- 9/11 trial - parable of right, wrong 11:24 p.m.
- Gitmo detaines headed to the U.S. 11:23 p.m.
- Utah Grizzlies win 11:19 p.m.
- Around the NFL 11:18 p.m.
- Apostle's wife felt comfort in attack
- Can BYU root for (ick) Utah Utes?
- Short-handed Jazz fly past Sixers
- D-Will home for daughter
- Bench proves fruitful for Y.
- Utes excited for 'dream' game
- Crash on snowy road kills woman
- Born of water and the spirit
- GameDay in Fort Worth
- BYU happy to escape with victory
- SLC council OKs gay rights policies
358 - Editorial: Mormons and gay rights
200 - BYU happy to escape with victory
192 - Senators want food tax restored
165 - Will state consider gay rights law?
148 - Can BYU root for (ick) Utah Utes?
130 - Letters: Strange breed in Utah
129 - TCU plows past Utes, 55-28
124 - Utes remain silent about BCS
120 - S.L. vote pending on gay protections
113
If you are looking for a bird on the cheap, the following specials from...
How do you handle kids and contests? Our oldest daughter, 7, is of the...
Wow. Nice work TCU. Maybe Utah fans will be a little less obnoxious ... at...
EVERYONE BYU OR UTAH FAN ALIKE NEEDS TO UNITE AND MAKE YOUR VOICES HEARD FOR...
The sad reality is that Utah hasn't won a big road game in years. Can anyone...
TCU= cure for Ute arrogance! But hey, humility is a great character trait!
All of you Ute fans.....NOT!
All the kewgs talkin smack is great. TCU is a great team that will represent...
I can say one thing for certain. I love watching the Utes lose. I love it I...
The Utes were down 35-7 with eight minutes left in the FIRST HALF and they...
Great job TCU for killing my Utes. You guys are a great team. Enjoy this...
"Further, the only man who qualifies for the Melchizedek priesthood is Jesus...
