By:Staff and wire reports -
Murrieta man's conviction overturned by appeals court in September | ∞
San Diego prosecutors dismissed all charges Friday against Murrieta resident Thad Jesperson, center, pictured with supporters at a San Diego court hearing earlier this month. Jesperson had been tried three times on charges that he molested several second- and third-grade students at a Clairemont elementary school.
SAN DIEGO -- San Diego County prosecutors announced Friday that they have decided not to initiate a fourth trial against a Murrieta father and former teacher, four months after his conviction on child molestation charges was overturned by a state appeals court.
Thad Jesperson, 43, was convicted in December of 2004 of molesting four 8- and 9-year-old girls at Toler Elementary School in Clairemont, where he was a teacher. In February of 2005, he was sentenced to 15 years to life in prison.
In September, the 4th District Court of Appeal ruled that Jesperson's attorney didn't prevent jurors from hearing videotaped interviews of the children that the court said were filled with prejudicial and irrelevant comments.
Jesperson has maintained his innocence since his arrest in 2003.
In a statement released late Friday, San Diego County District Attorney Bonnie M. Dumanis stated that the conviction was overturned "for ineffective assistance of counsel, not for insufficiency of evidence."
Yet, she stated, with support from the children's parents, she decided to avoid another trial, which would involve the girls testifying again.
"Successive prosecutions place a heavy burden on the victims of crime, especially children," she stated. "We have a legal duty to protect child victims who participate in the court process."
Jesperson hugged his wife as he left the courtroom.
Outside court, the former teacher, who was known as "Mr. J" at the school, said the announcement that his case was dismissed was "wonderful."
Jesperson expressed "extreme gratitude for all the support we've had from so many people."
When asked about his plans, Jesperson said, "One day at a time. Family comes first and we'll figure out the rest later."
Jesperson's first trial ended in March 2004, when he was convicted of molesting one second-grader. Jurors deadlocked on charges involving seven other girls. In May of 2004, he was convicted again of child molestation, but that verdict was undone due to misconduct by a juror.
Joy Julian, whose son was in Jesperson's second-grade class, said she doubted the allegations when they arose. Julian, of San Diego, said she ended up creating a Web site, www.families4mrj.com, and was shocked by the number of e-mail messages that flooded in in support of the teacher. None, she said, contained allegations of any misbehavior with children.
"He was a very beloved teacher," she said in a telephone interview early Friday evening. "Everyone who knew him well thought this would go away. We're all extremely excited."
Jesperson supervised the after-school program her son was in at the school, Julian said, and always had a ring of children around him.
Charles Sevilla, who handled Jesperson's appeal, said the case originated when three of the defendant's accusers were talking on the school's playground and one mentioned Jesperson had touched her on the shoulder.
Weeks later, the mother of one of the girls contacted school officials and police.
His trial counsel, Robert Boyce, used a phrase first uttered by the prosecutor after Jesperson's third trial to sum up his feelings.
"Justice is a long time coming," Boyce told reporters.
City News Service and staff writer Cathy Redfern contributed to this report.
Senior wrote on Jan 19, 2008 2:56 AM:Yet another serious miscarraige of justice to have put this poor man on trial three times. I have met some of his supporters and they an adament charging hime was wrong. I could make a ggod impression on children but I am afraid tobe around then for fear something like this would happen. He was put on trial for touching a girl's shoulder? It used tobe normal a teacher might pick up little kids or give them hug if needed. Check the link in the article to get more details. Some of these prosecutors would rather send an innocent man tojail then to admit they were wrong in the first place.
Justiceatlast wrote on Jan 19, 2008 7:18 AM:It is wonderful that this nightmare is over for Thad and his family and friends. I have known Thad for years and he his a wonderful, Father, Husband, person, and friend. i am married to one of his Nieces, and dated another one when I was younger, all of them love him so very much. he is a good man that has had his name and reputation dragged through the mud. he has kept a positive outlook throughout this ordeal, and has kept his faith in God and his family. We are all so pleased he can be the great father and Husband he is. Justice has finally been served and now he can continue life as it was meant to be lived, with the love of his family and doing what God has asked us to do, Love one another. Thad, we are all so pleased and love you so much.
Daniel
finally wrote on Jan 19, 2008 7:22 AM:The real reason for all of this was ineffective prosecutors trying to make their mark. Take a lesson here Ms. Dumanis and MS. Pryor. You never can beat the truth!
I hope the Jesperson family sues the hell out of your office for false prosecution. It should be an easy case to win- unlike yours!
Thad's niece wrote on Jan 19, 2008 7:32 AM:Truth has prevailed--finally. Thad always had thousands of supporters across the country. He can never have the years he lost with his family back. Only now can he look to the future with his wife and kids. It is sad that our society has and will force many great men from interacting with children for fear of false accusations. Thank you to all the supporters who have stood by our family throughout this entire ordeal.
Linda wrote on Jan 19, 2008 7:59 AM:Those of us in education have won a victory for our profession in the dropping of these charges against Thad. What this family and these children have been through over the past four years is undescribable thanks to a district attorney's office who merely seeks to win cases and make names for themselves at the expense of other people lives and well-being. Thank you, Thad, for being the man that you have been throughout this entire ordeal. You have taught all of us the meaning of dignity and love for one another. Let's hope that the district attorney's office has learned a valuable lesson about tampering with the testimony of children now that they have mud on their face.
Linda in Oceanside
Prevarication Police wrote on Jan 19, 2008 9:17 AM:According to reports, "No physical evidence corroborating the accusations existed, nor any witnesses. The case was built solely on the children's accusations, which came after extensive questioning by investigators. Their stories shifted at times; the students who made the initial accusations denied anything had happened when first questioned by San Diego police." Wow, D.A. Dumanis, this is "not insufficiency of evidence" and you're abandoning the rock-solid case just to protect the children? ...
NODR wrote on Jan 19, 2008 8:34 PM:Another case of D.A. misconduct. Malicious prosecution. I hope he is able to recover
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