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Judge allows warrants in teacher’s abuse trial
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BALTIMORE (Map, News) - A Howard judge is allowing warrants against a teacher accused of sexual abuse, despite the defense attorney’s efforts to throw them out because of offensive language and the detective’s inexperience.
Gerald Richman, defense attorney for former Glenelg High School teacher Joseph Ellis, 26, of Elkridge, tried Wednesday to suppress several search warrants, in part because Ellis was referred to as a child molester and pedophile.
“If that language is a cancer, as I allege, then the warrants are bad and don’t demonstrate probable cause,” said Richman, adding that Ellis is not a pedophile based on the legal definition because three victims were not prepubescent.
Howard Circuit Judge Richard Bernhardt upheld the warrants, but prohibited the use of “pedophile” and “child molester” in court.
Richman argued that the Howard detective seized Ellis’ cell phone before obtaining the warrant.
“You can’t seize it, then obtain a warrant a week later to justify it,” Bernhardt said.
But Assistant State’s Attorney Lisa Broten said the warrant was obtained later, because it was meant for seizing the correspondence on the phone, not the phone itself.
“Police had probable cause to believe cell phones were being used in the furtherance of crimes against these children,” Broten said.
“It was imperative at that time to seize that cell phone,” she said, otherwise Ellis could have erased evidence from the phone before a warrant was obtained.
Bernhardt upheld the seizure of the cell phone.
Ellis was arrested after two female students, ages 16 and 17, reported to school officials that he sent sexual text messages to their cell phones.
The older student told Howard police that Ellis exposed himself to her while they were alone in a classroom in December and tried to force her to touch him.
She said he also sent her nude photographs of himself.
The 16-year-old told police Ellis committed a sex offense against her in a park in 2006.
cpeirce@baltimoreexaminer.com
Comments from Examiner Readers
5:44 PM MST on Wed., Jan. 16, 2008 re: "Former Howard County teacher guilty of sexually abusing minor"
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7:28 PM MST on Thu., Jan. 10, 2008
re: "Ex-Glenelg High School teacher guilty on count of sexual abuse with student"
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8:00 AM MST on Wed., Jan. 9, 2008
re: "Ex-Glenelg High School teacher guilty on count of sexual abuse with student"
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2:52 PM MST on Tue., Jan. 8, 2008
re: "Ex-Glenelg High School teacher guilty on count of sexual abuse with student"
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Examiner Reader-Ellis's student said:
What he did was wrong and I am fully shocked on what he did. He never seemed liek that kind of guy, he always seemed kind of shy to me. If he were a woman there is no way he'd get 9 years in jail, but he's not and if he said he did it then he deserves some time in jail.
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Examiner Reader- Howard County Graduate said:
While Mr. Ellis was clearly wrong and there should be a consequence, the age difference of 17 and 25 should be taken into consideration. The victim allegedly asked him to send the photos (per Baltimore Sun). For the record, I think it was wrong, but the punishment should be appropriate. He did not engage in sex with the student. For comparison, per Baltimore Sun "(Kristin) Kinley pleaded guilty in August to having a sexual relationship with a 15-year-old boy while she was a teacher at Hammond Middle School in late 2004 and early 2005. The boy was not a student at Hammond Middle. Kinley was sentenced to serve 18 months at the county detention center in November."
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Examiner Reader said:
Why aren't the prospective Board candidates, current Board members and Central Office Executive staff being asked their perspectives of this case?
48 agree | 52 disagree
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Examiner Reader said:
I wonder if the same sentence would be held if the teacher was a woman. My guess probably not......
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