Former Napa Teacher’s Conviction Overturned in Child Molestation Case (CA Penal Code 288 and 288(a))

Former Napa Teacher’s Conviction Overturned in Child Molestation Case (CA Penal Code 288 and 288(a))

Rabin Nabizadeh
October 2, 2014

From the beginning, John Doe (name withheld in order to protect the privacy of the accused) has maintained his innocence.  Before all his troubles began, he was a happy instructor at Napa Christian School.  Two years ago, however, his entire world was shattered when a girl he’d taught for 3 years (from 6th through 8th grades) and known for longer than that accused of child molestation, on numerous occasions.  The young girl, identified in court documents only as Jane Doe, is now 16 years old.  She claims that he fondled her inappropriately, that he kissed her at least twice on the mouth, and that he took her to a secluded parking lot where he got into the back of his truck with her and performed oral sex on her.

Several things in this case should still give investigators pause.  First, the girl known as Jane Doe has a reputation for stretching the truth and for being a troubled young woman, whereas he has an impeccable character, it seems.  To further confuse matters, his most clear defense throughout the proceedings against him is one simple claim, that he could not have participated in Jane Doe’s abuse because he is incapable of doing so, considering that his spine has been fractured for some time and he remains in a wheelchair.  He was originally arrested under California Penal Code 288 and 288(a) (“Lewd Acts with a Child Under the Age of 16) and CA PC 288(a) (“Oral Copulation with a Minor”).  A state appeals court overturned his 5-year sentence recently.

 

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