Victim's statements targeted in West High abuse case

Defense attorneys for a West High School teacher accused of having sex with a 17-year-old student will be allowed to bring up past statements and evidence from other incidents involving West High employees and the alleged victim.

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 defense will further be allowed to bring up in court that the girl allegedly made a pass at a third teacher who went straight to the principal's office demanding the girl be removed from his classroom, according to attorneys.

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