Defense can use victim's statements

Defense attorneys for a West High School teacher accused of having sex with one of his students will be allowed to talk about statements the alleged victim made about previous adult sexual partners, a judge ruled Monday.

Jose Bernardo Fanjul, 45, is charged in 3rd District Court with five counts of first-degree felony sodomy and five counts of second-degree felony forcible sex abuse. The award-winning teacher was arrested in September for investigation of having sex with a 17-year-old student.

Monday, Judge Ann Boyden allowed a defense motion to have statements made by the teen girl brought up as evidence during trial. Utah law does not allow, under most circumstances, the sexual history of sex abuse victims to be brought up in court unless it's relevant to the case.

The defense, however, argued the issue was not about the victim's prior sexual relations but about whether or not she was a liar. The victim claimed to have had sex with adult men other than those charged in court, according to defense attorneys. But the defense believes those statements, which were made about the same time as accusations against Fanjul were levied, were false, just as the allegations against Fanjul were false.

Monday's hearing was in a closed courtroom. Court records show two witnesses testified at the hearing before a decision to grant the motion was made.

During previous hearings, it was ruled that the fact the girl was also the victim in a second sexual assault involving a West High employee could be brought up in court. Marco Herrera, 53, the girl's guidance counselor, was sentenced last year to up to 15 years in prison for having sexual relations with her.

The girl is also believed to have made a pass at a third West High teacher, who reacted by having the girl removed from his class, according to attorneys.

Another motion to subpoena statements allegedly made at Life-Line Residential Treatment by the girl shortly after the Herrera sentencing was denied Monday.

Also Monday, a state motion to continue Fanjul's jury trial, set for Feb. 10, was continued.

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