Janelle Batkins, 42, a former Michigan teacher, plead guilty to 2 counts of 2nd degree CSC today. The former teacher was charged because while normally, 17 year olds can consent to sex, in Michigan, teachers who have sex with 17 year olds are charged with either second or third degree CSC.
Initially there were 9 counts of 2nd degree CSC, but that was plead down to two counts of second degree CSC, with the sentences to be served consecutively. The five sexual encounters took place at her home during the 2006-7 school year.
Macomb Assistant Prosecutor Jean Femminineo said that while prosecutors were willing to try Batkins in a court of law, the victim's family wanted to get the ordeal of court appearances over with.
"We were ready to proceed and go to trial and put the defendant behind bars. [The victim's family] indicated they want to end this today. They are tired of it. They don't want to go to trial. They want this to be over."
Batkins could face up to 15 years in prison when she is sentenced July 2 by Judge Mark Switalski. She will have to register as a sex offender.
Authorities say the two had a six-month relationship that began with friendship and escalated to include phone calls, text messages and e-mails. The teen testified during a preliminary exam in Clinton Township District Court that the relationship began to heat up after he turned 17 in October 2006. The pair was caught when one of Batkins' sons came home unexpectedly, the teen testified.
Batkins resigned from her 15-year job before she was charged. She was named 2002 Teacher of the Year. The teenage victim has since graduated from Roseville High School and is planning to go to college.
Defense attorney David Griem said that the boy blackmailed Batkins, thretening to expose the relationship and calling her names. He also cited the fact that the relationship would have been legal except for the fact that she was his teacher.
"If it wasn't for this statute, it would have been no harm, no foul," Griem said. "The risk was so huge, there was really no alternative here. Her biggest concern was to bring this case to an end."
(Update 7-3-08) Batkins pleaded guilty to two counts of 2nd degree CSC, a more serious charge than the 9 counts of 3rd degree CSC, because second degree criminal sexual conduct does not carry a mandatory minimum sentence. Besides placement on the SO list and loss of her teaching position, Batkins has also lost her pension. She was formally sentenced to 3 years probation by Judge Judge Mark Switalski.
Her lawyer, David Griem, considers it a win because she'll serve no jail time and isn't required to wear a tether. That allows her to stay with her husband and two children, he said.
"I was very relieved," Griem said after the hearing.
"I was very relieved," Griem said after the hearing.
Though her plea was to a more serious charge, it allowed Switalski more latitude in sentencing because both first-degree and third-degree criminal sexual conduct convictions carry with them mandatory imprisonment sentences. Second degree does not.
(Update 3-20-09) Batkins was caught violating her probation by watching her son's wrestling match held at the Palace Ot Auburn Hills. He was a finalist at the state wrestling championships, and Batkins' presence at the competition violated her probation conditions of not being around minors.
According to defense attorney David Griem, his client did not violate her probation by attending the meet based on two reasons. For one, at The Palace, she reportedly stayed in a suite with other adults.
“The probation officers in her report to the court (stated) in careful review of the Student Safety Zone Act, the defendant does not appear to have violated that act,” Griem said.
As a second defense, Griem said, the accuser took pictures of Batkins while at the wrestling finals.
“He was stalking her and taking photos of her,” said Griem, adding that describing the complainant in the case as a victim “is a complete denigration of that word.”
Batkins was fined $500.
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