West High teacher not guilty in sex case
Judge says no evidence sex acts occurred with the 16-year-old student
Nearly the entire courtroom burst into tears Friday when the judge pronounced West High School teacher Jose Bernardo Fanjul not guilty of illegal sexual conduct with a 16-year-old female student.
There were whoops and hollers of joy for Fanjul, who stood, tears streaming down his cheeks, while one supporter after another crushed him in emotional hugs and wept on his shoulders.
Meanwhile, across the aisle, the girl put her head down and sobbed, sitting with her father's arm around her and her stepmother on the other side gently stroking her back. The girl's family left through a secure back door while Fanjul and a group of friends and relatives went to an empty witness room on the first floor of the courthouse for private prayer.
Fanjul, 46, had faced five counts of forcible sodomy and five counts of forcible sexual abuse, all second-degree felonies that each carry a potential prison term of up to 15 years behind bars. He chose to have a bench trial, in which 3rd District Judge Ann Boyden alone rather than a jury would determine his fate.
Outside the courtroom, a visibly relieved and tired-looking Fanjul thanked God, his attorneys and his wife, Angela, for supporting him.
"I live in the greatest country in the world," the Venezuelan native said. "I was afraid this would turn into a lynching, a high-tech lynching, my own lynching. But thanks to (my attorney) and a judge who is outstanding and honorable, they stopped the lynching."
Defense attorney Kenneth Brown termed the verdict "justice" and said he loved it.
"It's a judgment of a system that works," Brown said. "There has to be proof, not a possibility (of wrongdoing)."
Another West High employee, Marco Herrera, 54, a school counselor, is in prison after he admitted he had engaged in illegal sexual activity with the same girl. No one in Fanjul's case challenged Herrera's guilt. Herrera's situation was discovered by impeccable witnesses — police officers who chanced upon him engaging in sexual behavior with the girl in a public place.
Fanjul's four-day trial included exhaustively detailed descriptions of alleged sexual acts the girl said had occurred between her and her teacher. Prosecutor Cristina Ortega said the judge did not have to rely solely on the girl's word, but could look at the unusually high number of documented phone calls and electronic communications between Fanjul and the girl, even when school was not in session. The girl's father had grown suspicious when she was on the phone so much with mystery calls and installed spyware that captured the content of social networking conversations, including some where Fanjul said he "loved" the girl.
Recent comments
Quick to hang that girl for lying? The problem with being younger is...
Anonymous | June 9, 2009 at 9:23 a.m.
He is from Venezuela, not Africa. He is white.
to Panther | June 9, 2009 at 6:03 a.m.
Being a judge is not an easy job!
Anonymous | June 8, 2009 at 6:55 p.m.
- Mustangs vs. Tbirds by the numbers 2:02 a.m.
- Nuggets win after clock review 1:41 a.m.
- Robbery ends poorly for one suspect 1:20 a.m.
- Wednesday on TV 12:59 a.m.
- Integration is possible on TV 12:59 a.m.
- Herbert talks land issues in D.C. 12:59 a.m.
- Developer looking to buy RSL share 12:58 a.m.
- Civilians help S.L. officer make arrest 12:58 a.m.
- 5A teams best of decade 12:57 a.m.
- 'Love story' of crash victim ends 12:50 a.m.
- Utah group finds homes for orphans
- Pratt pleads not guilty to sex charges
- Y. tight ends talented tandem
- Jazz blow big lead, hang on
- Utes get extra motivation
- Senators want food tax restored
- Hair-pulling raises more questions
- Lobo land like home for BYU lineman
- BYU soccer incident still popular
- U. hopes to keep clicking
- House passes health care bill
263 - TCU showdown has big implications
188 - Lobo suspended
185 - Cougars crush hapless Cowboys
155 - Senators want food tax restored
149 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
105 - S.L. vote pending on gay protections
104 - Utes pound winless Lobos
89
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
Meghan McCain, the daughter of former presidential candidate John...
So are you saying that women's soccor should evolve into this type of...
The Church has never been about hating gays, or any other group. It has only...
To which I add Amen, and Amen! [Thank you!]
this is going to so much fun? Gee who do i cheer for if REAL plays Galaxy? ...
The great QBs make defenses pay for bringing pressure. Hall offers up...
I completely concur, this exhibition game was supposed to be easy and a blow...
Maybe we should just back up 50 years and do away with all laws etc. passed...
So does Hall enjoy absorbing the contact as Call says, or in Hall's own...
Well put, let it die. A lot people who want the health care bill haven't...
If Jerry studies "game tape" he will see how to beat the Celtics, see Phoenix...



