The Sun
Sunnyvale's Newspaper

Judge denies Lamson's request for dismissal

Prosecutors violated Lamson's right to counsel, defense argued

By Justin Berton

A Superior Court judge decided this week to deny Jeff Lamson's request to have his case dismissed, according to prosecutors.

Judge Melinda Stewart instead met with attorneys on Feb. 24 to set the trial date for the former Homestead High School football coach.

The date was not available at press time.

Lamson's lawyer argued to have the case dismissed Feb. 18 on grounds that his constitutional right to have a lawyer present during a tape-recorded phone conversation was violated.

Lamson's attorney also questioned the reasoning behind the charges against his client, which include two counts of oral copulation and 10 counts of penetration with a foreign object with a minor.

The 33-year-old Lamson was arrested last summer in Sunnyvale on charges of sexual misconduct with a 16-year-old-girl during the 1990-91 school year and "annoying or molesting" a 14-year-old girl in the 1996-97 school year.

He has pleaded not guilty to all charges.

Lamson was initially charged with one count of oral copulation with the 16-year-old, who is now in her 20s, and one count of penetration with a foreign object. Since then, the charges were increased to match the number of times the two allegedly made sexual contact.

Dressed in a gray suit at the Feb. 18 hearing, Lamson rubbed his chin continually as his attorney, Charles Smith, argued before the judge. Smith said his client's rights were violated when a phone call Lamson shared with an alleged victim in the case was unknowingly being recorded by prosecutors.

Lamson paged the teenager twice on Dec. 4 in violation of the conditions of his release from custody. The girl was in the presence of Karen Burgess from the sheriff's office and Deputy District Attorney Debbie Baldocchi at the time the pages arrived.

"It was not the idea of the girl to call him back or tape-record the call," Smith alleged, adding that prosecutors "exploited" the situation by taping Lamson.

Deputy District Attorney Cynthia Sevely denied the charge, saying Burgess acted lawfully by giving the girl the option to respond to the page, which the girl chose to do.

"He [Lamson] paged her two different times," Sevely said. "She wanted to know why."

Smith also argued that the two counts of oral copulation and 10 counts of penetration with a foreign object should be dismissed because the acts are "incidental to the sex."

The state is not charging Lamson with having sex with the older of the alleged victims because the statute of limitations has expired on that offense, according to Baldocchi.

The statute of limitations on unlawful intercourse with a minor expires three years after the act occurred.

Smith argued that if no intercourse charges could be brought forward, neither should acts that lead up to sex.

"Incidental acts should not be allowed to stand alone," Smith said to the judge.

The D.A. responded by noting that when minors are involved, "these acts aren't incidental; they're illegal."

Judge Stewart reviewed the arguments after the hearing and decided to move forward with the trial.

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This article appeared in the Sunnyvale Sun, February 25, 1998.
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