West High teacher not guilty in sex case

Fanjul did not testify, but a parade of students and teachers testified on his behalf and many spoke of how he expressed fears about the girl's self-esteem and his efforts to enlist other students to befriend her, especially since she said she felt ostracized by many West High teachers after the Herrera case. However, Ortega characterized this as a smokescreen to conceal the true nature of Fanjul's interest in the girl. The prosecutor suggested Fanjul had "used" the girl's closest friend as a third-wheel cover for out-of-school get-togethers.

"He wasn't trying to help her, he was trying to help himself," Ortega said repeatedly during closing arguments. "There is no evidence for (the girl) to have any motive to lie."

Brown, however, struck back at what he considered the core of the case: Everything rode on the girl's accusations.

Numerous phone calls and e-mails alone do not add up to illegal sexual activity, Brown said. Fanjul socializing with the girl, as well as other students, outside of school does not add up to illegal sexual activity, he argued.

Brown also called the girl a liar and an admitted perjurer. He made much of the fact that the girl confessed she had lied under oath at an earlier hearing for Marco Herrera because, as she said later, she had wanted to protect Herrera.

"Why are we convinced she doesn't have some ulterior motive now?" Brown asked. "She would have you believe that just because she said it, it is so."

Brown suggested that perhaps the girl was upset about the Herrera situation, felt the school had not protected her and was very angry.

Boyden is a veteran judge who was appointed to the bench in 1997 and served on the Salt Lake County Children's Justice Center Advisory Board for six years. She said she spent considerable time on Thursday reviewing the evidence in the case so she would be prepared to hear closing arguments and render a verdict.

Boyden said there was no credible evidence sufficient to find Fanjul guilty beyond a reasonable doubt.

Fanjul, 46, an award-winning teacher who is admittedly unconventional, has been on unpaid administrative leave from West High School.

"Other than that, we cannot give out current employment status," Salt Lake School District spokesman Jason Olsen said when asked about Fanjul's work situation.

Fanjul said Friday he was unsure what his future plans were. He added jokingly, "I'm going on a world tour with the Spice Girls."

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