Plea deal brewing in teacher sex case
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A former Bountiful Junior High math teacher accused of having sex with a 14-year-old former student could avoid going to trial if a plea deal is accepted by the victim's family, a prosecutor said Thursday.

Valynne Bowers, 40, is charged in 2nd District Court with five counts of rape and three counts of forcible sodomy, all first-degree felonies punishable by up to life in prison.

Prosecutor Rick Westmoreland requested another pre-trial conference, set for Feb. 24, and told Judge John Morris that on that date he was "fairly confident we'll have a resolution."

He declined to discuss details of the deal, but said it was "fair to the victim and Ms. Bowers ... and it will hold Ms. Bowers accountable as well."

Morris scheduled a three-day jury trial to begin April 21, though Westmoreland was optimistic that would not be necessary.

Defense attorney Rich Gallegos has said Bowers is guilty of the lesser crime of unlawful sexual conduct with a minor, a third-degree felony.

Prosecutors filed the crimes as first-degree felonies, claiming that Bowers, as a teacher, held a position of special trust in relation to the boy, which would make more severe penalties a possibility.

Gallegos has previously argued against the existence of any teacher-student relationship, noting that no sexual conduct occurred at school and that Bowers was not the boy's teacher at the time of the alleged crimes.

Gallegos said Thursday the proposed plea deal would include felonies, but not first-degree felonies, and was hopeful Bowers would get probation and jail time rather than a prison sentence.

He said Bowers "has always wanted to take responsibility," but he added, "we're ready to proceed to trial if we can't get things worked out."

Both Gallegos and Westmoreland said one factor driving the plea deal was sparing the victim from having to testify.

According to preliminary hearing testimony, the boy initiated contact with Bowers in December 2008 by showing up at her after-school math study sessions. He got her cell phone number by using her phone to send himself a message, then began texting and talking to her about his troubled past -- including being sexually molested as a younger child -- and other personal problems.

The communications turned sexual; the two engaged in phone sex, according to testimony, and had actual intercourse on Jan. 2. A week or two later, the boy began giving Bowers guitar lessons at her home, where they had sex every Friday night until Feb. 27, according to testimony.

In early March, Linda Nef, 46, another Bountiful Junior High teacher, went to police and told them she had a sexual relationship with the same boy when he was 13 years old. Nef also told police about Bowers.

Nef, who taught Utah social studies, was sentenced in July to prison for three years to life. She had pleaded guilty to one count of attempted aggravated sexual abuse of a child, admitting she had sex with the boy from Jan. 1, 2008, through Feb. 14, 2008.

Bountiful Junior High » Valynne Bowers could face up to life in prison if found guilty in a trial.
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