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UPPER MARLBORO, Md. - It was a dramatic day in a Prince George's County courtroom Wednesday, when a trial against a former teacher charged with having sex with a student imploded before it even began.
Former teacher and Prince George's County School Board member 27-year-old Nathaniel (Nate) Thomas is charged with child sexual assault, after he allegedly had a sexual relationship with his 15-year-old student at Forestville Military Academy.
In court on Wednesday, Thomas' attorney Bruce Marcus filed a motion for dismissal, saying he did not have time to prepare because he received state notes from detectives on the eve of the trial.
State prosecutors admitted to only handing over the detectives' notes Tuesday night, but say the lead detective in the case had just recovered the notes and had given them to the state. They also said the information in the notes had been given to the defense "in some other form."
The judge scolded state prosecutors for not responding to a previous motion to dismiss.
Marcus also brought up the issue of his client's right to a speedy trial, noting it was two days shy of 11 months since Thomas was charged. Thomas' first trial was delayed in November after state prosecutors listen a wrong address in charging documents against Thomas.
After hours of arguments, the judge said he had to exclude any witnesses or names included in the notes handed over late to the defense. The names included most of the state's key witnesses, including the victim, his parents, two detectives, Prince George's County Public Schools Superintendent John Deasy and others.
While the judge did not rule to dismiss the case, state prosecutors were unable to move forward with the trial without any of their witnesses.
Prince George's County State's Attorney Glenn Ivey called the sanction "Draconian."
"Yeah, we made mistakes, there's no question," Ivey says.
The State's Attorney's Office will appeal to the Court of Special Appeals, and the Attorney General's Office agreed to take up the case, Ivey says.
Ivey says mistakes are made in every trial and says he doesn't feel there was any prejudice against Thomas.
The appeals process will likely take several months, but Ivey says it is worth it and doesn't want to drop such a serious case.
"We hope to get a better result," Ivey says.
Marcus would not comment. One of Thomas' family members acknowledged to WTOP that she was relieved.
Thomas' alleged sexual relationship with the student came to light while he was being investigated for another relationship with an 18-year-old high school senior and student school board member.
In April 2007, Thomas took the 18-year-old to a National School Boards Association conference in San Francisco without notifying the teen's parents.
(Copyright 2008 by WTOP. All Rights Reserved.)
UPPER MARLBORO, Md. - It was a dramatic day in a Prince George's County courtroom Wednesday, when a trial against a former teacher charged with having sex with a student imploded before it even began.
Former teacher and Prince George's County School Board member 27-year-old Nathaniel (Nate) Thomas is charged with child sexual assault, after he allegedly had a sexual relationship with his 15-year-old student at Forestville Military Academy.
In court on Wednesday, Thomas' attorney Bruce Marcus filed a motion for dismissal, saying he did not have time to prepare because he received state notes from detectives on the eve of the trial.
State prosecutors admitted to only handing over the detectives' notes Tuesday night, but say the lead detective in the case had just recovered the notes and had given them to the state. They also said the information in the notes had been given to the defense "in some other form."
The judge scolded state prosecutors for not responding to a previous motion to dismiss.
Marcus also brought up the issue of his client's right to a speedy trial, noting it was two days shy of 11 months since Thomas was charged. Thomas' first trial was delayed in November after state prosecutors listen a wrong address in charging documents against Thomas.
After hours of arguments, the judge said he had to exclude any witnesses or names included in the notes handed over late to the defense. The names included most of the state's key witnesses, including the victim, his parents, two detectives, Prince George's County Public Schools Superintendent John Deasy and others.
While the judge did not rule to dismiss the case, state prosecutors were unable to move forward with the trial without any of their witnesses.
Prince George's County State's Attorney Glenn Ivey called the sanction "Draconian."
"Yeah, we made mistakes, there's no question," Ivey says.
The State's Attorney's Office will appeal to the Court of Special Appeals, and the Attorney General's Office agreed to take up the case, Ivey says.
Ivey says mistakes are made in every trial and says he doesn't feel there was any prejudice against Thomas.
The appeals process will likely take several months, but Ivey says it is worth it and doesn't want to drop such a serious case.
"We hope to get a better result," Ivey says.
Marcus would not comment. One of Thomas' family members acknowledged to WTOP that she was relieved.
Thomas' alleged sexual relationship with the student came to light while he was being investigated for another relationship with an 18-year-old high school senior and student school board member.
In April 2007, Thomas took the 18-year-old to a National School Boards Association conference in San Francisco without notifying the teen's parents.
(Copyright 2008 by WTOP. All Rights Reserved.)
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