Court rejects appeal by teacher convicted of sexually abusing student
Ex-Glenelg High teacher argued his role 'lapsed after school ended'
By Jennifer Broadwater
jbroadwater@patuxent.com
Posted 5/11/09
A former Glenelg High School teacher will continue to serve his five-year sentence for sexually abusing a student, following an opinion released Monday by the state’s second-highest court rejecting the teacher’s appeal of his conviction.
The ex-teacher, Joseph Samuel Ellis, 28, is currently being held at the Maryland Reception Diagnostic and Classification Center in Baltimore.
In 2008, he was convicted of sexual child abuse and indecent exposure for exposing himself to a 17-year-old female student in his classroom after school in December 2006. Ellis denied exposing himself to the girl.
Prior to his trial, he had 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 the student.
In April 2008, Howard County Circuit Court Judge Richard Bernhardt sentenced Ellis to five years in prison.
In his appeal, Ellis sought acquittal on the child sexual abuse charge, and asked that the case be remanded to a different judge for resentencing and that evidence gleaned through warrants he considers to be faulty be suppressed if a new trial is held.
At the March 3 hearing before the Court of Special Appeals, 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.”
In addition, Ellis’ appeal took issue with Bernhardt’s sentence, saying it was “tainted ... with passion, ill will and prejudice” since the judge made reference to his own children during the sentencing.
But in an opinion issued May 11, Judge Patrick Woodward stated that a teacher’s supervisory role does not immediately end at the dismissal bell.
“The ringing of the school bell that denotes the end of classes cannot terminate the responsibility of the school for the students on the school premises, because it would be unreasonable to suggest that, when a parent entrusts a child to a school, such parent does not impliedly (sic) consent to the school’s continued duty to ensure the safety of the child until the child leaves the school premises for the day,” Woodward’s opinion states.
As for Bernhardt’s comments as a parent, the appeals court judges noted that Ellis did not object to the comments at the sentencing, therefore making the issue improper as part of the appeal.
The opinion also states that particular comments made by Bernhardt were taken out of context in Ellis’ appeal.
“The remarks, as a whole, reflect the judge’s thoroughness, balance, and thoughtfulness. Throughout his remarks, the judge balanced his comments, obviously considering the impact of the crime and prosecution of the crime on the victim and the victim’s family, as well as on appellant and appellant’s family,” the opinion states.
Ellis, of Elkridge, was a social studies teacher and coach at Glenelg. He was employed by the Howard County school system from April 2005 until the Board of Education fired him in April 2007.
Ellis’ attorney, Levy, was not immediately available for comment.
The ex-teacher, Joseph Samuel Ellis, 28, is currently being held at the Maryland Reception Diagnostic and Classification Center in Baltimore.
In 2008, he was convicted of sexual child abuse and indecent exposure for exposing himself to a 17-year-old female student in his classroom after school in December 2006. Ellis denied exposing himself to the girl.
Prior to his trial, he had 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 the student.
In April 2008, Howard County Circuit Court Judge Richard Bernhardt sentenced Ellis to five years in prison.
In his appeal, Ellis sought acquittal on the child sexual abuse charge, and asked that the case be remanded to a different judge for resentencing and that evidence gleaned through warrants he considers to be faulty be suppressed if a new trial is held.
At the March 3 hearing before the Court of Special Appeals, 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.”
In addition, Ellis’ appeal took issue with Bernhardt’s sentence, saying it was “tainted ... with passion, ill will and prejudice” since the judge made reference to his own children during the sentencing.
But in an opinion issued May 11, Judge Patrick Woodward stated that a teacher’s supervisory role does not immediately end at the dismissal bell.
“The ringing of the school bell that denotes the end of classes cannot terminate the responsibility of the school for the students on the school premises, because it would be unreasonable to suggest that, when a parent entrusts a child to a school, such parent does not impliedly (sic) consent to the school’s continued duty to ensure the safety of the child until the child leaves the school premises for the day,” Woodward’s opinion states.
As for Bernhardt’s comments as a parent, the appeals court judges noted that Ellis did not object to the comments at the sentencing, therefore making the issue improper as part of the appeal.
The opinion also states that particular comments made by Bernhardt were taken out of context in Ellis’ appeal.
“The remarks, as a whole, reflect the judge’s thoroughness, balance, and thoughtfulness. Throughout his remarks, the judge balanced his comments, obviously considering the impact of the crime and prosecution of the crime on the victim and the victim’s family, as well as on appellant and appellant’s family,” the opinion states.
Ellis, of Elkridge, was a social studies teacher and coach at Glenelg. He was employed by the Howard County school system from April 2005 until the Board of Education fired him in April 2007.
Ellis’ attorney, Levy, was not immediately available for comment.
user comments (1)
user iheartbna says...
Tha article stated, "Ellis denied exposing himself to the girl." but left out a very important detail. The readers should have also been informed that Mr. Ellis admitted exposing himself to her in a recorded phone call the police set up. I doubt he's still denying what he did.
Posted 10:39 AM, 05.18.09 | Permalink
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