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Teenager testifies ‘crush’ led to sex acts with his “Hot-to-Trot” teach

Santa Ana- from – A teenager from Orange testified Monday that he developed a crush on his high school band director when he was a sophomore in high school, which led to a homecoming day kiss when he was 15 and a sexual relationship after he turned 16.

The former El Modena High School student told a Superior Court jury that teacher Carlie Rose Attebury [pictured] kissed him back, exchanged romantic text messages, eventually told him that she loved him, and that they engaged in furtive sex acts in her home after she moved into his neighborhood.

The teenager, who was the prosecution’s first witness in Attebury’s sexual misconduct trial, testified that at one point during the relationship in the spring and summer of 2008, he told her that he loved her “at least every day.”

But now, he added, “I’m no longer in love with her. I have come to realize that there are other things in life that are more important.”

Attebury, 31, of Orange is charged with seven felonies, including two counts of unlawful sexual intercourse with a minor, one count of lewd acts with a minor and one count of dissuading a witness from reporting a crime.

She faces a potential seven-year prison term if convicted on all counts, plus mandatory registration for life as a sex offender.

Deputy District Attorney Katherine David told the jury in her opening statements Monday that Attebury was 29 when she started seducing the then 15-year-old male student with flirtatious one-on-one conversations and kissing that progressed to sex acts in Attebury’s home.

David said Attebury acted as though nothing was wrong when she was confronted by band booster parents, even while she was exchanging thousands of text messages with the student, whom she eventually helped make drum major for his junior year of high school.

Attebury abused her position as a teacher and “selfishly disregarded ethical obligations and the law,” David said, “at the expense of a 15-year-old boy.”

But defense attorney David Cohn told the jury in his opening statement that nothing happened between the two.

Cohn acknowledged that Attebury had sexual encounters with former students– all of whom were adults at the time – during parties at her home that she called “Kick Backs.” But he insisted that there “is absolutely no evidence” of Attebury having sex with underage boys or current students.

He claimed unfounded rumors started swirling about an improper relationship between the teacher and the boy after he was named drum major in June 2008, when a band booster parent became disgruntled because her child was passed over for the leadership role.

The rumors were spreading in June 2008, Cohn said, when Attebury went to the Orange Police Department to report that she was the victim of an extortion attempt by someone who threatened via anonymous e-mails to report her for sexual misconduct with others if she did not pay him $3,500 and send him sexually explicit photos of herself.

Cohn said Attebury panicked as the extortion e-mails became more demanding and sent 39 nude photos of herself by return e-mail.

Orange Police detectives eventually arrested Miguel Lopez, a former student, and charged him in the extortion plot. Lopez pleaded guilty to one felony count of extortion in August 2009 and was sentenced to three years of probation.

Attebury was arrested in October 2008 in the sexual misconduct case after several band booster club members contacted the school principal after becoming alarmed by alleged inappropriate behavior between Attebury and the student, David said. Her behavior included one occasion in April 2008 when Attebury sat behind the teenager in the bleachers at a school event, straddled him with her legs and caressed his hair in view of parents and other students, according to prosecutors.

Former booster club treasurer Roberta Lee testified that she witnessed the incident between Attebury and the student.

“Her legs were splayed and he was sitting between her legs,” Lee said. “She was rubbing her hand through his hair.”

Before the trial recessed for the day, Lee said there were at least three occasions from October 2007 to February 2008 where she had a conversation about Attebury about what Lee called “inappropriate conduct” between Attebury and the then-student.

When confronted in May 2008 about the incident where she was seen rubbing her hand through the student’s hair, Attebury attempted to minimize it, Lee said.

“She told me it ‘It’s just like me petting a dog. He’s just a band kid,'” Lee said.

The principal contacted Orange police, who launched the investigation that resulted in Attebury’s arrest.

Cohn cross-examined the teen for almost two hours, with the former student admitting he denied any sexual contact with Attebury during interviews with the principal, a police officer, a social worker, a detective, his parents and his best friend.

“I was trying to protect myself and her,” the teen said.

Testimony resumes at 9 a.m. Tuesday. The trial before Superior Court Judge James Stotler is expected to last about eight days.


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