Estimated read time: 4-5 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
ROOSEVELT -- The prosecution of a former Union High School teacher for her alleged sex abuse of a student 30 years ago violates several of the woman’s constitutional rights because the crimes weren't on the books then, according to her attorneys.
Kayla Lee Walker appeared Monday in 8th District Court for a preliminary hearing on 10 counts of forcible sodomy, a first-degree felony; two counts of object rape, a first-degree felony; and nine counts of forcible sex abuse, a second-degree felony.
Clearly, an attempt to punish Ms. Walker for what was not criminal in 1979-1980 would violate these constitutional protections.
–Filing from Walker's attorneys
The hearing was postponed, however, to allow Duchesne County prosecutors time to respond to a request from defense attorneys Ed Brass and Kim Cordova that all charges against Walker be dismissed.
Walker, who turns 59 on Thursday, was arrested in September by Roosevelt police after a woman reported she had been sexually abused by the Hall of Fame coach over the course of several months in 1979 and 1980. The woman, who was 16 years old when she was introduced to Walker, told officers the abuse escalated to the point where Walker insisted they share hotel rooms when they traveled to out-of-town gymnastics meets.
Police said the woman's former LDS bishop confirmed during an interview prior to Walker’s arrest that the woman had disclosed the alleged abuse to him and that he suspected a sexual relationship at the time.
But in their motion to dismiss the charges, Brass and Cordova argue that the federal and state constitutions bar prosecution for conduct that was not on the books as a crime when it occurred. As an example, they wrote, object rape did not become a criminal offense in Utah until 1983, three years after their client’s accuser said the alleged abuse had ended.
Utah’s forcible sex abuse statute at the time also specified that the perpetrator of the offense had to be a man, according to Brass and Cordova.
“Clearly, an attempt to punish Ms. Walker for what was not criminal in 1979-1980 would violate these constitutional protections,” the attorneys wrote.
They added that the statute of limitations for the crimes their client is charged with expired decades ago under the existing laws at the time, and that the “incredible delay” in reporting the alleged offenses violated Walker’s federal and state due process rights.
“It is simply unconscionable to require any defendant to attempt to locate witnesses or physical evidence after a delay of such magnitude,” Brass and Cordova wrote.
Duchesne County prosecutor Grant Charles said Wednesday he was still reviewing the defense motion and expected to have his response prepared before a March 10 preliminary hearing in the case.
Defendant's reputation may be permanently damaged
Walker, a slight-framed woman who appeared to be frail during Monday’s court appearance, has been hurt physically and emotionally by the charges against her, Brass said.
“She cares about her reputation and she cares about working with kids,” he said. “The main thing she wants to do is just go back to teaching. ... I hope she can do that.”
It may not be possible, though.
Even if the criminal case is dismissed, state education officials are expected to look into the allegations against Walker, a popular educator and well respected coach who was teaching at a Tooele County school for troubled teenage girls when she was arrested.
“There will be an investigation on our part,” said Carol Lear, an attorney for the Utah State Office of Education and executive director of its Professional Practices Commission.
Unlike a criminal court where prosecutors must prove guilt beyond a reasonable doubt for a conviction, the Professional Practices Commission makes its findings based on a preponderance of the evidence.
“It’s a dramatically different standard, but a person’s license isn’t suspended or revoked without direct evidence” of wrongdoing, said Lear, who did not comment specifically on Walker’s case.
The commission has handled “probably five” previous cases involving decades-old allegations of misconduct by teachers, Lear said. In each of those cases, the educators admitted to an inappropriate relationship with a student and their teaching license was suspended or revoked.
“The message has to be out there that, even if (inappropriate behavior) isn’t discovered for a long time, there will be a penalty,” Lear said.
E-mail: gliesik@ubstandard.com
