Ex-counselor to face rape trial

A 3rd District judge said this week there was evidence that a 52-year-old former West High School counselor used "deceit, stealth and emotional psychological dominance" to engage a 14-year-old student in a sexual relationship.

During a preliminary hearing, Judge Tyrone Medley said that Marco Rutlelco Herrera, a married father of two, even talked to the victim about having his baby someday.

Herrera is accused of having a sexual relationship with the 14-year-old female student between April 1 and June 30. Although more of the sexual contact took place off campus, Medley said that some level of touching did take place in Herrera's office.

After hearing testimony from the victim, Medley found there was probable cause to bind Herrera over on three counts of rape and two counts of forcible sodomy, all first-degree felonies, and five counts of forcible sexual abuse, a second-degree felony.

Prosecutors say the two met when Herrera was assigned to be her counselor.

Herrera's attorney, Ed Brass, said that although his client was charged with rape, the victim has indicated that the contact was consensual and that there is evidence that she initiated the relationship. The prosecution responded by saying that under Utah law, a 14-year-old cannot give consent to have sex, and questioned who initiated the relationship.

Brass also said the victim gave conflicting testimony on the witness stand about the allegations.

Medley agreed, adding the victim said she did not want to see Herrera go to prison and said on the stand that she "loved" him.

However, Medley said there was still enough evidence to have Herrera stand trial.

Brass made a request to lower his client's bail, which is set at $250,000. Medley declined the request, pointing out that Medley is accused of abuse while holding a position of trust over the victim and that there was a strong likelihood that the victim and Herrera might try to contact one another if he were released from jail.

An arraignment hearing has been scheduled for Oct. 5.

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