Attorney for ex-teacher Valynne Bowers wants statement suppressed

FARMINGTON — With the trial of Valynne Bowers less than two weeks away, attorneys for the former Bountiful Junior High math teacher are working on keeping the teacher's alleged confession out of court, if it comes to a trial at all.

"We hope for a plea deal, but it's still scheduled for trial," Bowers' attorney Rich Gallegos said Wednesday. "The state and myself have always had the hopes to avoid subjecting the victim to testify if we could … but we don't have an agreement."

Bowers, 40, is accused of engaging in sexual activity with a student. She faces five counts of rape and three counts of forcible sodomy, all first-degree felonies, for her alleged involvement with a 14-year-old boy. If convicted, she faces a potential sentence of life in prison.

Bowers' case came to police attention after another teacher, Linda Nef, 46, confessed that she had engaged in sexual activity with the boy when he was 13. Nef's confession led police to discover the situation with Bowers and she was promptly interviewed. After the interview, Bowers wrote a witness statement, which her attorneys are now trying to suppress.

Attorneys argued before 2nd District Judge John Morris Wednesday whether to admit the full statement in court, debating whether it was a clear confession or a more personal missive articulating Bower's remorse.

Prosecutor Rick Westmoreland said the letter is a voluntary confession and "it should come in (to court) as it is." But Gallegos has asked that the document be totally suppressed.

"We believe the letter was not a confession, but an apology to express remorse as she had been instructed to do by police," he said.

There have also been some issues as to Bowers' use of the word "trust" in the statement as it relates to the larger issue of whether Bowers violated a "special position of trust," which increases the severity of the crime. There is also the issue of consent. Gallegos said they've long felt Bowers should be facing third-degree felony charges, not first-degree felonies because the acts were consensual.

Westmoreland stands by the charges that have been filed.

"I don't think we've overcharged," he said. "We had the facts and we charged accordingly."

Bowers previously declined two plea deals, including an offer to plead guilty to two charges of attempted aggravated sexual abuse of a child, first-degree felonies that could carry potential prison terms of three years to life behind bars. The other offer was to plead guilty to two counts of sexual abuse of a child, a second-degree felony, which could carry potential prison terms of one to 15 years.

The trial is scheduled for April 20-23.

e-mail: emorgan@desnews.com