Prosecution Delivers Closing Statements in St. Joseph Trial

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By Gina Potthoff, Noozhawk Staff Writer | @ginapotthoff

Defense will give final arguments Monday on behalf of Principal Joseph Myers and former Dean of Students John Walker

The prosecution gave final arguments Friday in its case against two St. Joseph High School officials, who allegedly failed to report sexual assaults committed by two students against two other students.

Former Dean of Students John Walker and Joe Myers, the Orcutt Catholic high school’s principal, were charged July 12 with failing to report a suspected sexual assault on a 16-year-old student by two other students.

Walker, who was let go from his position at St. Joseph for undisclosed reasons, also faces a second count of the same charge because prosecutors allege he did not report a 14-year-old student’s allegations of sexual assault.

With four days of emotionally charged testimony and evidence still fresh in their minds, jurors were given deliberation instructions Friday in Santa Barbara County Superior Court in Santa Maria.

Judge Edward Bullard said the trial would continue Monday, when the defense will present final arguments and the jurors will begin deliberations.

Jurors will decide whether Walker and Myers, who are “mandated reporters” under state law because of their positions of responsibility with the school, failed to immediately report the suspected sexual assault to law enforcement as required, according to District Attorney’s Office prosecutors.

Deputy District Attorney Anne Nudson said there should be no doubt that Walker and Myers willfully decided not to follow the rules that are made to protect children.

Nudson used a poster board timeline and a PowerPoint presentation to assert that the prosecution has, without a doubt, proved the four elements that are required for conviction.

The elements include whether the defendant was a mandated reporter, whether information came to the defendant in a professional capacity, whether the defendant knew about or reasonably suspected child abuse, and whether the defendant failed to immediately report.

“They absolutely knew,” said Nudson, addressing the jury. “If you have reasonable suspicion, you have to make a call. You are not allowed to stick your head in the sand.

“He told you he knew,” she added, referring to Walker’s testimony Thursday on the stand. “He is guilty of the crime.”

Myers and Walker sat next to their respective attorneys, and remained still and quiet throughout Nudson’s statements.

Nudson alleged that while the administrators may have urged the victims and their families to report the assaults to authorities, that doesn’t void their culpability.

She urged jurors to look past sympathy and focus on the facts.

Walker’s admission to the father of the 14-year-old victim that his daughter wasn’t the first victim of the same student further proves his knowledge and failure to report, Nudson said.

That former St. Joseph student, 18-year-old Shane Villalpando who graduated from Righetti High School in June, was arrested April 20 on rape and other charges in connection with the case.

Villalpando also is connected as a suspect in the 16-year-old victim’s case. A juvenile, whose name is being withheld, has been charged in that case as well.

“What’s important is what did the defendants know and when did they know it,” Nudson said. “They placed the burden of reporting on a 16-year-old girl. It is the responsibility of the principal and dean of students to make that call. That does not absolve you as a mandatory reporter.”

The charges against Walker and Myers, who was put on paid administrative leave pending resolution of the matter, each carry up to six months in County Jail and a $1,000 fine upon conviction.

The defense is scheduled to begin closing arguments at 10:30 a.m. Monday.

— Noozhawk staff writer Gina Potthoff can be reached at .(JavaScript must be enabled to view this email address). Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

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