Girl testifies at West teacher's sex-abuse trial

By Linda Thomson and Michael R. McFall

Deseret News

Published: Wednesday, June 3 2009 12:35 a.m. MDT

Jose Bernardo Fanjul, accused of having sex with a 16-year-old female student, listens during his trial Tuesday.

Jeffrey D. Allred, Deseret News

It could almost be a made-for-TV movie if it weren't happening in real life and carried such heartbreak.

West High School teacher Jose Bernardo Fanjul went on trial Tuesday for allegedly carrying on an illegal sexual relationship with a 16-year-old female student, with his defense team painting him as a dedicated educator who kindly lent encouragement to a confused young woman. They insist the girl now is lying about the nature of that relationship.

But when the girl took the stand later in the day, things took a different turn. She matter-of-factly described in graphic detail various sexual encounters she said had occurred between the two at many locations, including the school, her home, her aunt's house and Fanjul's house.

Appearing poised and calm, she also testified about dates the two went on and identified gifts she said Fanjul had given her including a "promise" ring, a CD of love songs and an adult novelty item. She, in turn, said she had given him a black lacy thong, some semi-nude pictures of herself and a sexually explicit video of herself. They created a secret code to hide what was going on, both at school and in electronic communication.

"I considered it like a girlfriend-boyfriend relationship," the girl said.

Things went wrong at one point, the girl said, when a neighbor questioned Fanjul's wife about the "nice bike" that had been parked near their house, which the girl testified she had used to get there after a soccer practice. The girl said Fanjul then broke off the relationship because he said his wife was monitoring him closely, but it soon was rekindled.

During her testimony, Fanjul remained expressionless.

Fanjul, 46, is charged with five counts of forcible sodomy, a first-degree felony, and five counts of forcible sexual abuse, a second-degree felony, for alleged sexual acts that prosecutors say took place between March 1 and July 31 in 2008. He has chosen to have a bench trial where 3rd District Judge Ann Boyden will be the sole fact-finder, rather than a jury.

In a different case involving the same girl, former West High counselor Marco Herrera, 53, pleaded guilty last year to three counts of forcible sexual abuse, a second-degree felony, as part of a plea bargain after he was charged with sexual activity with her in 2007. Herrera is serving three consecutive prison terms of one-to-15 years behind bars.

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