Wednesday, June 22, 2005

Ex-teacher pleads guilty to 10 sex counts

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

A former Belen special education teacher is facing up to 46 years in prison after pleading guilty Tuesday to 10 separate counts of molesting two children.

Michael Jaramillo, 38, of Tomé, stood beside his attorney, Tom Esquibel, Tuesday in a Los Lunas courtroom before District Judge William Sanchez. Jaramillo, who was a teacher at Central Elementary School in Belen, was indicted in September on 17 separate counts in two cases.

According to the plea and disposition agreement, Jaramillo pleaded guilty to two counts of criminal sexual penetration in the second-degree by a person of authority, three counts of criminal sexual contact of a minor in the second-degree by a person of authority, four counts of criminal sexual contact of a minor in the third-degree and one count of attempted criminal sexual contact of a minor in the third-degree.

In return for changing his plea, the district attorney's office dismissed the remaining seven counts against Jaramillo.

During Tuesday's hearing, the judge accepted and signed the plea agreement after notifying Jaramillo of his constitutional rights. Sanchez ordered that a pre-sentence report be completed.

Jaramillo is facing a minimum of three years mandatory incarceration to a maximum of 46-and-one-half years in the Department of Corrections and fines up to $65,000.

District Attorney Lemuel Martinez said his office will ask for the maximum sentence, saying that sex offenders will not be tolerated in the 13th Judicial District.

"As a former teacher, I think it's extremely important to punish sex offenders who are in that type of position," Martinez said. "We're going to be asking for the maximum sentence in this case and we will continue making crimes against children a top priority."

Esquibel said his client has been in counseling since the allegations first arose and has tried to get himself admitted to a sex offenders treatment program. The Los Lunas attorney said Jaramillo is taking full responsibility for his actions.

"We entered into a plea agreement because Michael wants to try to bring some closure to this case. The case became public when he made a disclosure to his family," Esquibel said. "That was done because he wanted the situation to end — he insisted that I not interview or otherwise burden the victims, and his overriding concern is that they be able to get the help them need and have some closure in their lives regarding these allegations."

According to Assistant District Attorney Susan McLean, if the case had g one to trial, the state would have presented evidence that one of the victims, a relative of the defendant, had reported that the abuse had gone on for several years.

"The child had spent several weekends a month at the defendant's home when the abuse began and continued until he was accused by the student," McLean said. "The child's father confronted the defendant, who admitted molesting his child."

Court documents say that the child told police that Jaramillo began the assaults about four years ago. The teenager also told detectives that the defendant told him not to tell anyone about the incidents because "he would get in a lot of trouble."

McLean also said that the state would have presented testimony that Jaramillo also molested another boy who was a student at Central Elementary. The prosecutor said staff at the Belen school noticed that the former teacher had invited the child to participate in special projects in his classroom before and after school.

But it wasn't until the boy's mother noticed that her child's behavior had changed and Jaramillo had given him expensive gifts that she became aware of the abuse.

According to court documents, the child did not tell anyone about the incidents because Jaramillo advised him that he could get both of them in a lot of trouble. The criminal complaint also said that the mother went to the school and told administrators about her son's accusations.

Jaramillo was immediately placed on paid administrative leave and, after an internal investigation, his employment was terminated by the Belen School District.

E-mail this story Printer-friendly version