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West High teacher not guilty in sex case
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Dixie Dan | 12:57 p.m. June 5, 2009
Great verdict! Any chance of perjury charges being filed against the plaintiff?
I hope Mr. Fanjul proceeds with a civil suit alledging slander and defamation.
Anonymous | 1:08 p.m. June 5, 2009
Lets hope Mr. Fanjul can get back to teaching soon. Gifted teachers like he is
are so needed in our school systems. The judge and the defense are to be
commended. Right Verdict.
Comments continue below
David | 1:12 p.m. June 5, 2009
The case seemed pretty watery to begin with. I hope Mr. Fanjul is able to put
this behind him quickly and that this student can get the help that she
obviously needs.
becca | 1:20 p.m. June 5, 2009
What about the Girl?? Doesn't she have to pay for possibly ruining this
man's life?? He may have to move out of state just to teach again...She
just gets to walk away???
Now... | 1:32 p.m. June 5, 2009
Let's charge the kid with making false statements. It's time some of
these kids that "work the system" realize consequences for their
damaging claims. She needs to face the music and set an example for the next
"victim" that will make false claims.
Future | 1:33 p.m. June 5, 2009
Glad to hear he is not-guilty ... but his name will forever be tarnished.
Re: becca | 1:36 p.m. June 5, 2009
I'm sorry to say it, but it's very likely that she will.
Anonymous | 1:37 p.m. June 5, 2009
He may not be going to jail but so much of his life is gone that he can't
back. good ruling judge!
How About An Apology? | 1:50 p.m. June 5, 2009
This girl should be made to get up in front of her studentbody and make a public
apology, without question. She has put a negative in some peoples eyes as to
this fine teacher. Why do we let things like this happen? The prosecution should
have had definite information on this case before ever bringing forth charges. I
feel real bad for this innocent teacher and his family.
David O | 1:59 p.m. June 5, 2009
He should never have put himself in the position to get accused. It is a bad
and stupid idea to be communicating with students outside of the classroom. He
is guilty of being stupid.
Now | 2:05 p.m. June 5, 2009
please stick to teaching and stay emotionally attach free from the students, or
if there is a need to help a student, always make sure that there is another
person in the same room with you so you'll always have a witness to back
you up in case something like this happened again. Better be safe than sorry.
Once in a while... | 2:06 p.m. June 5, 2009
The good guy wins.
Private Eye | 2:10 p.m. June 5, 2009
The fans of this verdict need to take a course in Law 101. Just because
he's aquitted doesn't mean he didn't commit the crime. It just
means there was not enough evidence to prove guilt beyond a reasonable doubt
inside a courtroom. The same judge who aquitted on this case previously said
there was sufficient evidence for the trial. I really hope for all involved that
he didn't commit the crime or we'll have a bigger problem now.
Justice Is Served | 2:10 p.m. June 5, 2009
GREAT decision!!!
The girl should be punished for lying!!!!!!!!!!!
I don't care 2 cents if she did have a hard life before this, that doesn't make almost destroying another human being's life, as well as HIS family's life, acceptable.
The girl should be punished for lying!!!!!!!!!!!
I don't care 2 cents if she did have a hard life before this, that doesn't make almost destroying another human being's life, as well as HIS family's life, acceptable.
TKC | 2:17 p.m. June 5, 2009
I'm so happy for this man. After seeing the photos, I realize that
I've gone golfing with him and found him to be a great man devoted to his
job! Small world! Good for him and good for the judge :)
My question is how can this girl do something like that??? What is she trying to get? Attention???
My question is how can this girl do something like that??? What is she trying to get? Attention???
Charlie | 2:18 p.m. June 5, 2009
There should be some accountability in the prosecutor's office for taking
this to trial.
Hollywood | 2:34 p.m. June 5, 2009
Agree with Private Eye. Based on the evidence that WAS presented - e-mails and
evidence of phone calls - we know the teacher broke a lot of rules.
When it came down to the sexual relations charges, it was a case of he said/she said.
The fact no one else could provide supporting evidence of inappropriate behavior is menaingless. You know what - no one can provide evidence that my wife and I have a sexual relationship, either. It's not like we invite people over from work to witness what we do behind closed doors.
Yes, there was reasonable doubt. But to assume the girl is therefore lying and the teacher did nothing wrong is fallacious as well.
Reasonable doubt that the teacher did something criminal. Also reasonable doubt that the girl lied.
When it came down to the sexual relations charges, it was a case of he said/she said.
The fact no one else could provide supporting evidence of inappropriate behavior is menaingless. You know what - no one can provide evidence that my wife and I have a sexual relationship, either. It's not like we invite people over from work to witness what we do behind closed doors.
Yes, there was reasonable doubt. But to assume the girl is therefore lying and the teacher did nothing wrong is fallacious as well.
Reasonable doubt that the teacher did something criminal. Also reasonable doubt that the girl lied.
Hey Private Eye | 2:36 p.m. June 5, 2009
Glad you're trolling here. He was found NOT GUILTY in a court of law.
That's it. It's over. He is NOT GUILTY. Why don't you let him
have his reputation. I hope you're never in court and found not guilty --
because it's people like you that live for the dirt. He is NOT GUILTY.
(You sound like you're guilty of something? What are you guilty of?
Let's all speculate on what you did?)
Re: David O | 2:37 p.m. June 5, 2009
Oh, to be as brilliant and perfect as you. Right.
Biker 100 | 2:39 p.m. June 5, 2009
I think this is a good decision. But shouldn't he be punished and or fired
for breaking district rules regarding his relationship with the student?
Wow | 2:41 p.m. June 5, 2009
Early in my career an administrator had two girls in his office and was going to
kick them off the cheerleading squad because they were drunk at a party. The
two girls lied and said he had made inappropriate comments and advances towards
them. He was fired and had to go to trial. The day before the trial started
the girls finally admitted they made everything up so they wouldn't get
kicked off the squad. His life was ruined, the district and the parents had to
pay some big bucks. He had to leave the state in order to continue in his
career. I don't think anything happened to the girls either, which stunk.
They should have had to serve some time in jail for perjury and had years of
probation.
Not enough evidence | 2:44 p.m. June 5, 2009
Just because he was found not guilty by a judge does't mean he didn't
do it or that she lied, it only means there wasn't enough evidence to
convict.
Only the two of them know the real truth.
No one should be calling the girl a liar, there isn't any evidence to support that, either.
Only the two of them know the real truth.
No one should be calling the girl a liar, there isn't any evidence to support that, either.
The good guy didn't | 2:44 p.m. June 5, 2009
really win. Time after time when these cases prove to be made up by the girl,
the teacher still is defamed and never trusted again. He will not be reinstated
to his original position. He still lost and won't get his life back. Lie
or not, a teen can still defame a teacher and get away with it without
consequence.
Teachers are always assumed guilty until proven more guilty. When proven innocent they move back to being assumed as guilty again.
Teachers are always assumed guilty until proven more guilty. When proven innocent they move back to being assumed as guilty again.
To David O. | 2:51 p.m. June 5, 2009
If you have never been a coach or a teacher then you don't realize how
difficult it can be to NOT communicate with a student outside of the classroom.
Especially as a coach, it is nearly impossible to keep all communication at
practice and/or the classroom. In this day and age with our technology it is
not possible. That not only goes for coaches, it goes for journalism teachers,
yearbook, any sort of clubs. How about you get a clue and not call somebody
stupid when you are not related to the situation and don't know details
personally.
To PI | 2:51 p.m. June 5, 2009
If indeed you know the law as you claim, you should also point out that the
obvious lack of legitimate evidence should have precluded the prosecution from
ever going forward with this case.
We're not talking about accusing someone of pushing a student or threatening a student.
Accusations of sex abuse in most cases are an instant job/family/career killer.
I'm glad to see people's willingness to respect and support this teacher after such an outrageous accustation.
We're not talking about accusing someone of pushing a student or threatening a student.
Accusations of sex abuse in most cases are an instant job/family/career killer.
I'm glad to see people's willingness to respect and support this teacher after such an outrageous accustation.
Concerned Citizen | 2:52 p.m. June 5, 2009
Where are the laws that protect the teachers? His life has been ruined because
he was accused. I think it says something for him when so many students and
teachers stood up for him knowing that he was innocent all along. I am just glad
that the judge did that right thing
Re: Private Eye | 2:52 p.m. June 5, 2009
Umm, doesn't the Law 101 say that he has NOT committed a crime until he is
convicted of the crime in a court of law? I know the constitution says that, but
maybe they are teaching something different in law school now.
Naruto | 2:52 p.m. June 5, 2009
When I was younger I had a friend, well kind of, who was 15 at the time. She
would date older men and engage in sexual realations with them. After that she
would decry "rape". After one individual refused to have sex with her,
she still cried "rape", fortunatley the police figured out she was
lying and arrested her. That was after she put 2 or 3 others in jail for quite a
long time. Let me just say that I am glad for the outcome in this trial. BTW the
girl I knew looked like she was 25 instead of 15.
re Hollywood | 2:34 p.m. June 5 | 2:53 p.m. June 5, 2009
In our system there is a presumption of innocence.
That being the case, we need more evidence than the testimony of a promiscuous girl.
There are such things as wires, investigative work etc, all of which the prosecutor chose not to avail themselves of.
This being the case, there is every reason to assume innocence, given that there is not sufficient reason to assume guilt.
That being the case, we need more evidence than the testimony of a promiscuous girl.
There are such things as wires, investigative work etc, all of which the prosecutor chose not to avail themselves of.
This being the case, there is every reason to assume innocence, given that there is not sufficient reason to assume guilt.
RE: Private Eye | 2:55 p.m. June 5, 2009
To go along with Private Eye's statement that the judge ruled that there
was enough evidence to go to trial, we need to keep in mind how low that
standard is.
All that is needed to go to trial is enough information to say that there is a question of fact. An accusation by an alleged victim, who is will to testify in court, is enough to meet this standard.
In other words, if I accused "Private Eye" of having an inappropriate sexual relationship with me, and I were underaged, "Private Eye" could find him or herself in the same situation.
The bar to get to trial is a very low bar to clear.
All that is needed to go to trial is enough information to say that there is a question of fact. An accusation by an alleged victim, who is will to testify in court, is enough to meet this standard.
In other words, if I accused "Private Eye" of having an inappropriate sexual relationship with me, and I were underaged, "Private Eye" could find him or herself in the same situation.
The bar to get to trial is a very low bar to clear.
Sue the State! | 3:00 p.m. June 5, 2009
The State of Utah presented this case to the District Court. The State of Utah
presently a case with no evidence. We know the girl is a liar, but the girl did
not facilitate the litigation. The prosecution did. The prosecution is
unprofessional and should be held in contempt.
I hope this good man sues the State for their wreckless conduct!
I hope this good man sues the State for their wreckless conduct!
Anonymous | 3:00 p.m. June 5, 2009
I don't know if any of you read the article yesterday but the girl was
found in this mans car. A police officer found them together and felt it was
inappropriate. This article did not go into details on the case so I hope you
all don't rush to judgment based on 10 sentences.
Larry B | 3:01 p.m. June 5, 2009
Bob Londsberry is the guilty one here. On his radio program Thursday he
ruthlessly assassinated the character of Ken Brown, the defense attorney in this
case, because Ken very skillfully led the so-called victim into a trap where it
became apparent to everyone in the court room that she was lying. Think
you'll hear a retraction from good old Bob on Monday? Don't hold your
breath. Both the defendant and his attorney have been dragged through the mud
on this one. Who will come forward and give them their reputations back??
uncannygunman | 3:04 p.m. June 5, 2009
One thing that is not clear from the article is whether or not Fanjul testified.
He has the right not to, but if he exercised that right it seems newsworthy.
Reading between the lines, it appears that he did not.
Another thing, the girl could still sue him for civil damages on the exact same claims. The standard of proof is much lower in civil court (Remember OJ?).
Still, a good day for Fanjul.
Another thing, the girl could still sue him for civil damages on the exact same claims. The standard of proof is much lower in civil court (Remember OJ?).
Still, a good day for Fanjul.
Joel | 3:05 p.m. June 5, 2009
To Hey Private Eye (6/5 2:36 pm): You slammed Private Eye for explaining that
"Not Guilty" is not the same as "Innocent". Private Eye was
exactly right. "Not Guilty" is a term of art that means exactly what
he/she said it means. It is possible for the girl to now sue him herself (or
through her parents if she's still a minor) in civil court where the burden
of proof is lower than "beyond a reasonable doubt" and WIN. For
example, we all know OJ was found "Not Guilty" of murder, but the
families of the deceased people later sued him in civil court for wrongful death
and won.
You were right, however, in one thing: the Not Guilty finding meant it was over as far as criminal charges are concerned - but that's all.
You were right, however, in one thing: the Not Guilty finding meant it was over as far as criminal charges are concerned - but that's all.
Anonymous | 3:09 p.m. June 5, 2009
Re: Private Eye
The threshold of evidence needed to be proven to at the preliminary hearing to send a case to trial is MINIMAL; if there is any chance it may have happened the judge is required to send it to trial. The threshold to find someone guilty at trial would be beyond a reasonable doubt. There is a huge difference between the two. May you never be accused of anything because even if you are acquitted there are some, such as yourself, that will still be presume you GUILTY.
The threshold of evidence needed to be proven to at the preliminary hearing to send a case to trial is MINIMAL; if there is any chance it may have happened the judge is required to send it to trial. The threshold to find someone guilty at trial would be beyond a reasonable doubt. There is a huge difference between the two. May you never be accused of anything because even if you are acquitted there are some, such as yourself, that will still be presume you GUILTY.
Sad that it even got this far | 3:16 p.m. June 5, 2009
This teacher's life can never be the same, probably all because some girl
with a twisted psyche got upset with him for some reason. Yeah, he really
shouldn't have been texting a student. Email would have been fine if she
needed help. It's easier to keep track of and harder to fake (at least the
digital copies are).
This is going to discourage teachers from trying to help students outside of class, it has for me... sad what things have come to.
This is going to discourage teachers from trying to help students outside of class, it has for me... sad what things have come to.
Elcapitan | 3:19 p.m. June 5, 2009
School teachers have an extrame problem to deal with.. a very undisciplined
generation of youth are upon us. We should be grateful for their courage to work
in the system doing much good for little pay.
Thank you, especially great men teachers, there are far to few of you out there.
Thank you, especially great men teachers, there are far to few of you out there.
to anon at 3pm | 3:27 p.m. June 5, 2009
Reread the article the girl was found with different adult male in a car and he
was sentenced to prison, a whole different case.
Justin | 3:29 p.m. June 5, 2009
Nobody has mentioned the daring move by the defense attorney to have the judge
hear the case rather than a jury. The judge was able to dispassionately sort
through sensational evidence (testimony by the girl, telephone calls and
e-mails) and arrive at the not guilty verdict. The evidence of inappropriate
behavior and the testimony of the less than credible "victim" left
reasonable doubt of guilt to the judge. A jury may have made inferences from
the evidence and been influenced by the girl in ways that the judge was not.
Good decision by the defense attorney.
Sadly | 3:30 p.m. June 5, 2009
Sadly, this teacher and his family will never be the same. It is treachorus what
an addled teenager can do to a respected teacher by such an accusation.
She has ruined a mans life and reputation. Something that she cannot fix. She should be sent to counseling and juvenile incarceration for making such accusations.
She has ruined a mans life and reputation. Something that she cannot fix. She should be sent to counseling and juvenile incarceration for making such accusations.
Ready, Camera, Action | 3:37 p.m. June 5, 2009
Hey Hollywood.. I volunteer to be your witness if you need.
Law 101 | 3:45 p.m. June 5, 2009
Since people like throwing around that they know something about the law, I am a
lawyer and this man is innocent. The state's case was worse than the
Hindenburg. There was no shred of evidence that supported the
prosecution's claim other than the testimony of an obviously disturbed and
attention-starved girl.
The judge didn't even have to deliberate on this one. This man is so innocent it is not even funny. The real villain in this was the prosecutor who, I agree, has half a brain.
The judge didn't even have to deliberate on this one. This man is so innocent it is not even funny. The real villain in this was the prosecutor who, I agree, has half a brain.
RE: Law 101 | 3:58 p.m. June 5, 2009
Great I am an attorney as well. But didn't feel any need to attach it to
my post to get some shred f credibility.
Remember that anyone can say they are an attorney on the internet. However, that doesn't mean that they are one.
Remember that anyone can say they are an attorney on the internet. However, that doesn't mean that they are one.
awsomeron | 4:00 p.m. June 5, 2009
I am glad that the man was found Not Guilty.
However the damage is done, he cannot Teach or Coach anymore.
He need to file a lawsuit against the girl and her parents and the DA for destroying his livelihood.
You cannot in 2009, befriend a Student or take special interest in a Student. It is to Dangerous and the cost is to high.
Most likely this man paid tousands of dollars to defend himself. Would he have gotten the same result with a Court Appointed Lawyer.
I have always thought that the State should have to pay the legal fees for the cases the state loses.
Some times in cases like this you do not need much evidence, just the accuser, accusing.
This teacher it turns out, is the victim.
Also in 2009 you take great risk if you council someone, with the door closed, without a witness, or at least a recording both audio and video. Because some one might say that they where hit on in sign language.
This is in part what our Society has come to because of over Sexualization of young people.
However the damage is done, he cannot Teach or Coach anymore.
He need to file a lawsuit against the girl and her parents and the DA for destroying his livelihood.
You cannot in 2009, befriend a Student or take special interest in a Student. It is to Dangerous and the cost is to high.
Most likely this man paid tousands of dollars to defend himself. Would he have gotten the same result with a Court Appointed Lawyer.
I have always thought that the State should have to pay the legal fees for the cases the state loses.
Some times in cases like this you do not need much evidence, just the accuser, accusing.
This teacher it turns out, is the victim.
Also in 2009 you take great risk if you council someone, with the door closed, without a witness, or at least a recording both audio and video. Because some one might say that they where hit on in sign language.
This is in part what our Society has come to because of over Sexualization of young people.
Enough | 4:17 p.m. June 5, 2009
If he was falsely accused then the accuser should be tried as well as her
parents.
-------- | 4:23 p.m. June 5, 2009
We all know J.B. did some "dumb things" but he never meant to do
anything bad.
All he ever tried to do was help people out and no one will ever think that someone would do such a thing when you're only trying to help them with their life!
I used to text him too and go to his classroom once in a while, but that doesn't mean we were talking about inappropiate things. All he ever tried to do was help out!
Don't judge him for trying to help someone. That's what we should all do.
The point now is that he was found not guilty, he deserved that.
Most of West High students believed and KNEW for a fact Fanjul wouldn't do such a thing!
The girl should just be put somewhere away from men!
Because she apparently can't handle being around guys!!
Good luck to J.B. and we ALL hope he can come back to West! We love him very much there and miss him! :) He is and was a great person! He didn't deserve all of this!!! :D
It's all over now J.B.!!
All he ever tried to do was help people out and no one will ever think that someone would do such a thing when you're only trying to help them with their life!
I used to text him too and go to his classroom once in a while, but that doesn't mean we were talking about inappropiate things. All he ever tried to do was help out!
Don't judge him for trying to help someone. That's what we should all do.
The point now is that he was found not guilty, he deserved that.
Most of West High students believed and KNEW for a fact Fanjul wouldn't do such a thing!
The girl should just be put somewhere away from men!
Because she apparently can't handle being around guys!!
Good luck to J.B. and we ALL hope he can come back to West! We love him very much there and miss him! :) He is and was a great person! He didn't deserve all of this!!! :D
It's all over now J.B.!!
Tom | 4:31 p.m. June 5, 2009
If he is deprived of teaching or coaching again, it will be because of his
actions, not the girl's.
Most districts, including Salt Lake District do have rules to protect students and teachers from what happened here. Regardless of his guilt in relation to the law, his continued communication with the student outside the school is enough to likely get him fired.
The bottom line is that adults in the school system are prohibited from meeting one on one with their students. Most teachers adhere to this rule. Those who do not are at extreme risk.
Most districts, including Salt Lake District do have rules to protect students and teachers from what happened here. Regardless of his guilt in relation to the law, his continued communication with the student outside the school is enough to likely get him fired.
The bottom line is that adults in the school system are prohibited from meeting one on one with their students. Most teachers adhere to this rule. Those who do not are at extreme risk.
Here Comes the Sun! | 4:38 p.m. June 5, 2009
Wow I am so glad for JB, his wife and family! I truly feel justice was served
and JB's future is going to be a Bright one!
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The judge did right. My first question to the prosecutor would have been, where is any evidence that this actually happened? Wire giving verbal admission? Admission in texting? Witnesses? Anything?
The judges decision took courage, she obviously risked a public backlash.
The teacher broke district rules which were meant to protect him and students from appearance of wrong doing. This will be a wake up call to him not to step over the line, and it is too bad the rule is there in the first place, ideally teachers would be able to go the extra mile and spend extra time with students.