September hearing set for Utah teacher accused of sex with students
By jessica miller
The Salt Lake TribuneFirst published Aug 08 2014 12:03PM
Farmington • A former Davis High School English teacher accused of having sexual relationships with two teenage boys will have a preliminary hearing in September.
Brianne Altice, charged in Farmington’s 2nd District Court with four counts of first-degree felony rape and two counts of first-degree felony forcible sodomy, made a brief appearance in court Friday where a Sept. 19 preliminary hearing date was set.
According to court documents, Altice is accused of having sexual intercourse with a then-16-year-old student on several occasions between January and September of 2013.
Altice, 35, was set to go to trial in September, but last month, prosecutors filed more charges against her after a 17-year-old boy told police that he had sexual intercourse and oral sex with the former teacher once between April and June of last year.
Outside of court Friday, her attorney, Edward Brass, said that it "remains to be seen" whether the new allegations will affect their current case. He said he has not yet seen the evidence related to the second teen.
September’s preliminary hearing will focus on the second boy’s allegations. At the hearing, prosecutors will present evidence and testimony, and a judge will then decide whether there is probable cause for Altice to stand trial on one count of rape and one count of forcible sodomy.
A preliminary hearing already took place in February regarding the first boy’s allegations. At that hearing, a judge found there was probable cause and ordered the woman to stand trial on three counts of rape and one charge of forcible sodomy.
Prosecutors say the teacher acknowledged to investigators that she had engaged in sex with the 16-year-old boy on two occasions. But Brass has asked the judge to not allow those statements at her trial, arguing that she was intimidated by the eight to 10 male officers who came to her home last October to interview her about the allegations. Brass argued that the officers would not let her care for children, call an attorney or use the restroom for nearly four hours as they questioned her.
"Her statements were coerced and involuntary and were taken in violation of her so-called Miranda rights," Brass argued in court papers. "The evidence she provided was the product of that tainted statement."
The former teacher has been free on $10,000 bail since her arrest. She was on paid leave until she was fired Feb. 3.
Altice, whose husband filed for divorce and custody of their child in December, was hired by the Davis County School District in 2004; she had been teaching at the high school since August 2012.