“The statute does not require the victim to be scared at the exact time of defendant’s action.”
OLATHE, Kan. – A judge has ruled that a stalking charge will stand against a former fourth-grade teacher in the Olathe School District accused of surreptitiously photographing a 10-year-old student.
A Johnson County judge on Thursday rejected the argument of ex-teacher James Loganbill’s attorney that because the girl didn’t know she was being photographed, she wouldn’t have been fearful of the teacher, the Kansas City Star reported. Defense attorney Carl Cornwell argued for the charge to be thrown out, saying that under Kansas’ reckless stalking law, the girl would have had to have feared Loganbill’s actions.
Judge Thomas Sutherland disagreed, finding that the girl expressed fear once she learned what the teacher was doing.
“The statute does not require the victim to be scared at the exact time of defendant’s action,” Sutherland wrote.
Prosecutors have said the girl’s classmates reported seeing Loganbill secretly taking photos of her from behind in class and on the playground. Investigators said that under questioning, Loganbill admitted taking the photos because he found the girl sexually attractive.
Loganbill resigned in March after 31 years with the district upon being confronted. He faces up to a year in jail if convicted.
The girl’s parents plan to sue the school district next month, the Star reported, alleging that the district failed to act after being made aware of previous complaints against Loganbill for questionable behavior involving young girls.