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DC Public and Public Charter Schools
Oyster-Adam teacher arrested
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Anonymous
The comment was in the context of mr. Pena being released under bail and if he was going to request to go to school to pick up personal effects. On that case, it was said that under no circumstances he will be allowed to enter the building with any children inside (not during regular hours, not during after care or before care, not when kids are in school doing extracurricular activities...)and he would be escorted by security at all times in the unlikely case that he was going to be inside the building. |
Anonymous
If anyone's an attorney or prosecutor, can you explain something they said on the news last night? They said, "Peña refused his preliminary hearings and now the case is going to the grand jury." What does that mean? Does this mean he may have a chance of being released? If so, would he return to teaching? Sorry, I don't have so much legal knowledge in the US criminal system. |
Anonymous
Neither an attorney or a prosecutor, but there are some preliminary hearings that often take place before a grand jury hears a case- to decide the mental ability of the defendant to mount a defense, to make the prosecutor show enough initial evidence (habeas corpus) to continue with the indictment, etc. In this case, it appears the defendant waived his rights to those types of preliminary hearings and allowed the prosecutor to take the case directly to a grand jury. Now, that is also an initial step, it's the first time a court gets to see substantial evidence, but the grand jury only chooses to approve the indictment, they are not the deciding court. If the grand jury approves the indictment (which they almost always do and will very likely do in this case), then the full work of a trial or negotiation begins. It could be months before a full trial, or more likely, he is indicted by the grand jury, and pleads guilty a few weeks later. The vast majority of cases don't go to full trial because of the expense to the government and the risk to the defendant versus pleading and getting a potentially lower sentence in exchange for pleading guilty. This guy will probably be in prison for a while for this- total guess, but around 5-10 years. |
Anonymous
Thank you. What would it take for him to get less that five years in prison? Anything possible? Of course he deserves much more. |
Anonymous
No clue without knowing the particulars of the case. Depends on what the prosecutors feel they can charge him with. The fact that he apparently confessed immediately would generally serve to help his cause in seeking a lighter sentence. The prosecutors will probably seek to investigate any evidence of previous cases. If they can find something that will probably result in a bigger set of charges and thus likely more jail time. You'll get the first indication when you see the charges in the indictment that is presented to the grand jury. |
Anonymous
| Speaking from personal experience (close relative had similar thing happen to them), 5 years is actually a lot of time for the physical event that happened (touching over clothes). The text of the photo will likely cause more time than the phyical act, IMO. |
Anonymous
Thanks for the data point. Good point about the photo being potentially more problematic for the defender because of the charges for reproductions of images. Sentencing is a really complex world, and ends up with crazy outcomes, like first drug offenders going in for 10 years because they had 1 pound of weed, but if they had 3/4 pound they would have gotten 6 months (not exact amounts/times, of course!). |
Anonymous
Anyone can see how they'd be afraid of retaliation. How dare you accuse our number one teacher of molesting your boy! Why is your kid making up that shit? Why would you believe your kid anyways? Everyone loves Mr. Pena. He would never do that to any child. Without the photo, I don't think this would have gone anywhere. His other victims don't have proof. This man has unique protections and influential supporters, as we can see. |
Anonymous
| …including the Washington Post. Their silence on the outcome indirectly stands by the side of the teacher. |
Anonymous
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Some of the legal explanations above are pretty off (e.g., habeus corpus literally means "to bring the body," and has absolutely nothing to do with the ongoing criminal proceedings against Pena. All defendants are entitled to an arraignment, which a formal reading/presentation of the actual charges (ie, you are charged with violating this particular section of the law, sexual assault of a minor." It's very quick. In some jurisdictions, a defendant can enter a plea (typically "not guilty" at this stage); in others, a "not guilty" plea is automatically entered.
The next stage is typically the probable cause hearing (another preliminary hearing, which can be waived by the defendant). At this hearing, the prosecution must put sufficient evidence before the court (typically through the testimony 1-3 witnesses)showing that the prosecution has sufficient evidence to show that it is more likely than not that this defendant committed this crime (ie, it's 51% likely). The defendant's lawyer gets a chance to cross examine (question) the witnesses, and they can put on evidence, although they typically do not. If the judge finds there is probable cause for the case to move forward (51% likely the defendant did it), the case is moved forward to grand jury. The prosecution presents it's core evidence before the grand jury (usuly, it's a few dozen people randomly selected from the community). The grand jury typically meets in secret (ie, no reporters or outsiders there). If, after hearing they evidence, they also find probable cause has been established,formal charges are issued. Then, the case moves along the trial track. Very few defendants plead guilty in "weeks"--it typically takes months, because the prosecution has to turn over all of their evidence to the defendant to review. There are generally negotiations, and most cases settle short of trial, based on the strength of the evidence. If the case goes to trial, the prosecution must prove the defendant's guilt "beyond a reasonable doubt"--ie, more than 99%. The defendant does not have to prove anything--he does not have to prove he is innocent, for example. Cases typically take many months, even years, to reach a trial. It's too soon to tell what kind of sentence this guy will get. It's really going to depend what the whole story is, how long this individual case of abuse went on for, the full nature of the abuse, how many other victims there are, what happened in those cases, etc, etc. at trial, only evidence of the abuse against this victim will be admitted/presented to the jury, but at sentencing, the judge has more discretion to hear about other acts, and typically takes that stuff into account. |
Anonymous
How do we know they kept it to themselves? As an OA parent, I would not be surprised if those parents did say something and were ignored or dismissed. The former administration was very permissive with teachers and condescending to parents and non-teacher staff who raised concerns about anything. Central office didn't seem to care what happened at OA so long as scores were decent and waitlist was long. I'm saddened, but not shocked, that a popular teacher could have taken advantage of their position. This case is horrible for all involved. |
Anonymous
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OA mom here. What a toxic tone many of these comments have taken, particularly in reference to the parents who were so enchanted by Mr Pena. Give three poor families a break. You send your kid to a local public school and he or she gets a teacher that most everyone adores; a teacher that parents and kids like equally. What a wonderful thing! Why would you expect them to be jaded and wary? Would you be? The "pretty boy" comments are so obnoxious. Sure he was attractive and probably kind of arrogant about it, but, who cares, really? I doubt his looks were the reason he was well loved.
This guy was a skilled imposter, who manipulated people into trusting him. He was obviously a great teacher and a charming person. It's a seductive mix and I doubt many people were suspicious. When someone who teaches your kid is so like able and effective why would you automatically question it? Give the adams parents a break! |
Anonymous
You question it because you have appropriate boundaries. I can assure you there were OA parents that WERE turned away by his behavior. No adult should take a keen interest in my kid. It's about having boundaries. |
Anonymous
| No one is pointing fingers or should be pointing fingers at parents. It could happen anywhere. However the comments by poster who noted the attitude of former principal are spot on-- they had a teacher who once scared 4th grade children in music https://en.m.wikipedia.org/wiki/Der_Erlkönig. When some students had nightmares and were afraid the principal defended the teacher and belittled parents, relating it as a Grimms Fairy Tale. At the same time this teacher was a bad apple, kids were always sent to sit outside on the floor in the hallways if they were disruptive- daily. |
Anonymous
(1) Good behavior and (2) the family of the victim not objecting to his release when he is up for parole (whenever that may be). |