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FARMINGTON — An alleged confession to police by a former Davis High School teacher that she had sex with one of her former students will not be thrown out of court, a judge ruled Monday.
Brianne Altice, 35, a former English teacher, is accused of having sexual relationships with three former Davis High students, boys who were 16 and 17 at the time. Altice faces a total of 14 felony charges including rape, forcible sodomy, forcible sexual abuse, unlawful sexual activity with a minor and dealing in materials harmful to a minor.
When Davis County sheriff's deputies and Kaysville police officers went to her house in South Weber on Oct. 28, 2013, they questioned her after reading Altice her Miranda rights.
But attorney Ed Brass argued in court Monday that his client never waived her Miranda rights. He contended the officers just kept asking Altice questions and "plowing" through their interrogation.
"Just talking to someone is not waiving," he said.
Brass noted in court documents that several times while being questioned by sheriff's detective John Olsen, Altice frequently made comments like, “I’m so confused. Like I don’t understand any of this,” "I don’t know. I don’t even know what my rights are at this time. I know you read my Miranda rights to me but I don’t," and “Like I think of TV shows and they say, ‘I think I need a lawyer at this juncture.’ … You know what I mean?”
According to court documents, Olsen continued with his questioning, asking about a sexual relationship with the victim. Altice responded, "That is what I’m saying is like I don’t know what I am supposed to do at this point. I don’t know if I am supposed to say I need a lawyer …"
The officers acknowledged one of them said they were pushing it. They tried to make her feel guilty about her desire to consult with a lawyer rather than clarify her intentions.
–Defense motion to suppress
The officer responded, "That’s really up to you. All I am saying is that you can request a lawyer, and you're still going to have that burden on your shoulder that you have had for so long."
"The officers acknowledged one of them said they were pushing it," the defense motion to suppress states. "They tried to make her feel guilty about her desire to consult with a lawyer rather than clarify her intentions."
But prosecutors successfully argued Monday that the officers' interrogation was not coercive. The detectives, in fact, tried to keep the 2 ½ hour meeting in her house "low key," according to court documents, which included allowing her to put her children to bed.
"The officers did not lie to the defendant and did not use any trickery to obtain a confession. The defendant did not show any signs of mental deficiency or emotional instability during questioning," prosecutors wrote in their response.
The state also argued that Altice, a teacher with a master's degree, understood her Miranda rights.
"She was confused about the allegations, not what her rights are," prosecutor Susan Hunt argued in court Monday.
"The defendant then freely and voluntarily engaged in a dialogue with detective Olsen and detective Barlow. Later in the interview, when the defendant expressed some confusion about her rights, detective Olsen asked the defendant if she would like him to explain the rights again. The defendant declined and stated that she did understand," the prosecution motion states.
Second District Judge Thomas Kay ruled Monday that Altice never clearly made a request to the officers to speak to her attorney. Instead, she kept asking to call her husband.
Earlier this month, one of the three former students who allegedly had sexual relations with Altice filed a civil lawsuit claiming the school district should have done a better job screening prospective employers and provide better training.
The student, his parents and his attorneys are seeking at least $674,000 in damages.
Video Contributor: Mike Anderson
