Former Glenelg teacher appeals sex-abuse conviction
Hearing in Court of Special Appeals includes question of judge's impartiality
By Jennifer Broadwater
jbroadwater@patuxent.com
Posted 3/03/09
Joseph Samuel Ellis, 27, is currently being held at the Maryland Reception Diagnostic and Classification Center in Baltimore.
At a hearing in the Court of Special Appeals March 3, Ellis' attorney challenged the notion that Ellis' responsibilities as a teacher extended beyond the school day and questioned Howard County Circuit Court Judge Richard Bernhardt's impartiality due to statements he made during Ellis' sentencing.
The Howard County Board of Education fired Ellis several months after his January 2007 arrest. The former Elkridge resident and graduate of Oakland Mills High School had taught social studies classes and served as an assistant coach to Glenelg's football and boys lacrosse teams.
Just before his trial in January 2008, Ellis pleaded guilty to displaying obscene material to a minor for e-mailing photographs of a sexual nature, including a picture of male genitalia and sex acts, to a 17-year-old female student.
At his trial, a jury found Ellis guilty of telephone misuse, as well as sexual child abuse and indecent exposure for exposing himself to the student in his classroom after school. Ellis denied exposing himself to the girl.
In April 2008, Bernhardt sentenced Ellis to five years in prison.
In his appeal, Ellis is seeking acquittal on the child sexual abuse charge, that the case be remanded to a different judge for resentencing and that evidence gleaned through warrants he considers to be faulty be suppressed in the event the court decides to grant a new trial.
Role as teacher debated
At the March 3 hearing, Ellis' attorney, Andrew Levy, told the three-judge panel that there was insufficient evidence to support the sexual child abuse conviction-- which requires the state to prove that the accused was serving in a custodial role to the minor. Levy argued that Ellis' custodial role as a teacher "lapsed after school ended." He also argued that there was a "temporal break" in the student/teacher relationship between Ellis and the victim because he had not served as her teacher since the previous school year and that "the alleged abuse was not immediately connected to a school-related activity."
Levy referred to a previous opinion of the attorney general that states a teacher's responsibility after school continues only under the circumstances of supervising detention, make-up work or an extra-curricular activity.
"As much as you're appalled by the conduct ... and I'm not here to defend that, it doesn't constitute any of those," Levy said of Ellis.
In response, Assistant Attorney General Cathleen Brockmeyer said the state based its case on a "pattern of seduction" including interactions at school and away from school.
"It's sophistry to suggest ... that once the school bell rings that the teacher's responsibilities no longer exist," she said.
In addition, Ellis' appeal takes issue with Bernhardt's sentence, saying it was "tainted ... with passion, ill will and prejudice" since the judge made reference to himself as a parent and his own children during the sentencing.
"It was improper," Levy said. "You just don't mention your own kids, especially at a sentencing like this."
Brockmeyer said Bernhardt's statements were "even-handed" and referenced "the tragedy of this case ... for all the families involved, including Mr. Ellis' family and the victim's family."
In addition to the arguments presented at the March 3 hearing, Ellis is renewing his objection to the affidavits police used in obtaining search warrants for his property, including his computer and cell phone. He claims the affidavits lacked sufficient evidence to establish probable cause and that evidence seized under the warrants should have been suppressed.
A similar motion was denied in Circuit Court prior to his trial.
This story has been updated.
user comments (5)
user bubba says...
I don't have any patience or forgiveness for anyone who takes advantage of a young person to satisfy some sick compulsion. I don't believe sex offenders miraculously become "cured," so I would impose whatever sentences the law allows, and make sure the neighbors know when he's home from prison and what he did to a child.
Posted 11:20 AM, 03.04.09
user grossmen1234 says...
I agree with Bubba... I don't have any patience what so ever for any sick person that takes advantage of a young person. I happen to know the victim and to hear about what she goes through everyday ... and the pain she bears is just heart breaking. Mr. Ellis had to have had serious problems and we should all be thankful that he has a minimum of 5 years to think about each one of these problems in prison. My hopes for the future are that each one of us continues the fight against child sex offenders to lessen the pain and agony that the victims and families have to endure.
Posted 3:29 AM, 03.08.09
user grossmen1234 says...
I agree with Bubba... I don't have any patience what so ever for any sick person that takes advantage of a young person. I happen to know the victim and to hear about what she goes through everyday ... and the pain she bears is just heart breaking. Mr. Ellis had to have had serious problems and we should all be thankful that he has a minimum of 5 years to think about each one of these problems in prison. My hopes for the future are that each one of us continues the fight against child sex offenders to lessen the pain and agony that the victims and families have to endure.
Posted 3:39 AM, 03.08.09
user grossmen1234 says...
I agree with Bubba... I don't have any patience what so ever for any sick person that takes advantage of a young person. I happen to know the victim and to hear about what she goes through everyday ... and the pain she bears is just heart breaking. Mr. Ellis had to have had serious problems and we should all be thankful that he has a minimum of 5 years to think about each one of these problems in prison. My hopes for the future are that each one of us continues the fight against child sex offenders to lessen the pain and agony that the victims and families have to endure.
Posted 3:44 AM, 03.08.09
user grossmen1234 says...
I agree with Bubba... I don't have any patience what so ever for any sick person that takes advantage of a young person. I happen to know the victim and to hear about what she goes through everyday ... and the pain she bears is just heart breaking. Mr. Ellis had to have had serious problems and we should all be thankful that he has a minimum of 5 years to think about each one of these problems in prison. My hopes for the future are that each one of us continues the fight against child sex offenders to lessen the pain and agony that the victims and families have to endure.
Posted 3:49 AM, 03.08.09
Advertisement
Advertisement
Advertisement