Trial for teacher charged with sex with student to proceed

The trial for West High School teacher Jose Bernardo Fanjul will proceed next week on 10 charges of alleged sexual conduct with a 16-year-old female student.

Third District Judge Ann Boyden on Monday ordered prosecutors to turn over to defense attorneys information regarding possible inconsistent statements made by the alleged victim regarding what she testified to during a preliminary hearing and what she told police.

The judge said she wanted to make it clear in an earlier ruling that including this material was not a move intended to embarrass the girl but could be introduced solely for purpose of possible "impeachment," or determining if the girl was telling the truth.

"I am not disregarding the protections given a victim in a sexual assault charge," the judge said.

The statements regard two other males as well as a former West High counselor, Marco Herrera, 53, who pleaded guilty last year to three counts of forcible sexual abuse involving a 14-year-old girl — the same girl Fanjul is accused of sexually abusing. Herrera currently is serving three consecutive prison terms of one to 15 years.

Boyden also said she will request a 45-member jury pool that will be winnowed down during jury selection. Typically, judges ask for 25-30 potential jurors, but Boyden said it would be wise to have a larger pool due to the extensive publicity the case has received.

Fanjul, 46, who has worked at West High School, is an award-winning social studies and world language teacher who also coached the high school girls volleyball team. Fanjul won the state's No Child Left Behind 2007 American Star of Teaching Award and was described as well-liked by students.

Fanjul was arrested at the school in September 2008 and currently is on administrative leave. He is free on bail.

He is charged with five counts of forcible sodomy, all first-degree felonies, and five counts of forcible sexual abuse, all-second-degree felonies. Court documents claim he engaged in sex with the girl between March 2008 and July 2008.

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