Font ResizeA Bountiful Junior High math teacher accused of having sex with a teenage male student is asking for a preliminary hearing, according to a Wednesday entry to a 2nd District Court docket.
In March, 40-year-old Valynne Bowers conditionally waived her right to a preliminary hearing, apparently anticipating she would settle the case with a plea deal to lesser charges. But last month, defense attorney Rich Gallegos told reporters that prosecutors had made no offers.
Deputy Davis County Attorney Richard Larsen countered Wednesday that offers had been made. "It may be more an issue that [Gallegos], or his client, doesn't like the offers we've made."
A preliminary hearing is like a mini-trial, where the 14-year-old alleged victim and perhaps others would be called to testify against Bowers to establish probable cause that she committed the alleged crimes.
Gallegos said last month he planned to challenge the statute used by prosecutors to elevate the charges against Bowers from third- to first-degree felonies based on her being in a "position of special trust" because she was a teacher.
Gallegos said the two never had sex at school or during school hours. And although Bowers had taught math to the boy the year before, she was not his teacher at the time of the sexual relationship, Gallegos said.
But Gallegos has apparently decided to explore the issue of Bowers' status during the preliminary hearing rather than a legal motion.
Meanwhile, a second teacher who had sex with the same boy when he was 13, Linda Nef, 46, accepted a plea bargain last month by pleading guilty to one count of first-degree felony attempted aggravated abuse of a child.
Nef -- who taught Utah studies and was a cheerleading adviser -- is hoping for probation rather than prison when Judge Rodney Page sentences her on July 21.
Bowers had a relationship with the boy from Jan. 2 until Feb. 27, according to charging documents. Nef had a sexual relationship with the student from Jan. 1, 2008, through Feb. 14, 2008. Nef later reported both herself and Bowers to police.
