Fate of teacher in sex trial is in hands of judge — not a jury
West High School teacher Jose Bernardo Fanjul goes on trial June 2 for allegedly engaging in sex acts with a 16-year-old female student.
But unlike most defendants, Fanjul's fate will not be decided by a jury but by 3rd District Judge Ann Boyden, who will hear testimony, view exhibits and ultimately decide whether or not to convict the 46-year-old educator.
Fanjul's lawyers asked for a bench trial, or trial by a judge only, after the Salt Lake District Attorney's Office earlier this month filed charges against two other men who are witnesses in the case. They are accused of lying under oath about their sexual conduct with the same girl.
Fanjul's attorneys assailed this as "professional misconduct" and said it was an "orchestrated" move that wrecked Fanjul's chances of getting a fair trial.
The judge forbade both sides from talking publicly about the case and set a four-day bench trial.
Fanjul is charged with five counts of forcible sodomy, a first-degree felony, and five counts of forcible sexual abuse, a second-degree felony.
The trial may include information about the girl's truthfulness and detailed sexual matters.
Daniel Medwed, a University of Utah associate law professor and former defense attorney who has no connection to the case, observes that defense lawyers sometimes will opt for a bench trial when a case is emotionally charged and has been highly publicized.
Many times, the odds are better with a jury because it's possible to persuade at least one person in a group to acquit a defendant. Lawyers rarely look to a "single, Solomonic figure" to make such a decision, he said.
But there are times when taking a chance on a bench trial seems to be a wiser move from the defense standpoint.
"Usually, you will go with a bench trial only if the facts are particularly salacious and you're worried that the jury will react emotionally. You think you might have a better shake with the judge because, presumably, judges have seen it all before and will not be overwhelmed by salacious details and will react primarily on the evidence," he said.
Medwed said he and other defense attorneys he has known have great faith in the jury system. "It's just a question of how risk-averse a defendant is."
In certain types of cases, such as horrific child mistreatment or murder, there seems to be a feeling at times that juries want someone to blame and be punished for what happened. Things are more complicated when cases involve teenagers and claims of sexual misconduct by adults.
Medwed said trials involving teens and sex charges are less emotionally wrenching because the alleged victim is older and has a degree of free will, although not in a legal sense. However, there have been so many convictions of teachers who engaged in sex with students that "people have a heightened sensibility about these types of cases now."
E-MAIL: lindat@desnews.com
Recent comments
I denounce Jesus and it doesn't get posted. But, people praise Jesus...
WHere is my post | May 29, 2009 at 11:25 a.m.
"Thou shalt not bear false witness." This is an outstanding teacher...
American Citizen | May 28, 2009 at 10:02 p.m.
Yet another good reason to obey the Lord's Law of Chastity; no sexual...
THIS is Why | May 28, 2009 at 5:24 p.m.
- Jazz missing 4 to injuries 12:55 a.m.
- Pitta doesn't win award 12:47 a.m.
- Jazz manage a magical win 12:43 a.m.
- Speed skating tuneup Friday 12:41 a.m.
- BYU football: NCAA awards 12:30 a.m.
- Magic unable to continue road act 12:26 a.m.
- Fans should worry about lousy teams 12:24 a.m.
- U.S.-born Hispanics see gains 12:23 a.m.
- Editorial: Extremism spike alarming 12:23 a.m.
- No need for more stimulus 12:22 a.m.
- Nude bathers cited for lewdness
- Few details on missing W.V. mom
- Jazz fall apart late at L.A.
- Crash landing next to I-15
- Defense witness goes on offensive
- BCS = power conference monopoly
- 5 officers lose their certification
- Palin signs books, chats with fans
- I-15 expansion barreling south
- Y.'s Emery bruised, but rarely beaten
- Letters: Global warming a lie
256 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
193 - Palin signs books, chats with fans
165 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
149 - Andersen apologizes for Jordan hoax
142 - Max Hall wants to look ahead
124 - Nude bathers cited for lewdness
122 - Jazz fall apart late at L.A.
110
David Rankin, one of Utah's youngest and ablest astrophotographers has...
There was a time when free shipping was rare. This holiday season, you...
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
I worked within my ward for many years, always giving service when ever...
TCU will end up ranked in the top 5 at the beginning of the season next year...
If people wonder why many of us Jazz fans constantly complain or tell it like...
These liberals mock Sarah because they fear her. They think if they make fun...
Good article, I agree.
Get real. Coulda. Woulda. Shoulda. Yeah the game could have been different if...
That the TNT crew are wrong. I listened to them talk after the game and they...
To the Palin haters and naysayers. If you have to ask the question as to why...
The reporter did get it right. The article says, "Now that gift will help...
I have seen Ben Lomond every game this year. I grew up in the Ogden area, I...


