COVINGTON, Kentucky from www.nwews.cincinnati.com – Fired Dayton High School teacher Nicole Howell angrily defended her alibis while being cross-examined Friday by a prosecutor trying to prove she had sex with a 16-year-old student.
“You can explain absolutely everything in this case, can’t you?” Assistant Commonwealth’s Attorney Stefanie Kastner said in response to Howell’s claims she was with her boyfriend when she was accused of being with the student.
Howell snapped back: “Yes, because I’m innocent.”
Kastner responded that was for the jury to decide, glancing over at the seven women and six men in the jury box. Jurors will have to decide whether the 26-year-old former teacher is guilty of first-degree sexual abuse.
During the four-day trial in Kenton Circuit Court, jurors heard from about a dozen prosecution witnesses, and a handful of defense witnesses.
Jury instructions and final arguments are scheduled for this afternoon, before the case goes to the jury.
In a case where there was no physical evidence, such as DNA, the star witness for prosecutors was the now 17-year-old student. He testified he had sex with Howell four or five times at her MainStrasse apartment. He said that Howell sometimes provided him with vodka before sex.
The trial was almost derailed on the second day because the dates prosecutors alleged the sex occurred were different on the indictment than what assistant commonwealth’s attorneys Stefanie Kastner and Casey Burns told jurors.
Judge Gregory Bartlett apparently didn’t delay the trial because Howell wanted to proceed. Then, during trial, Howell complained she hadn’t been given an opportunity to prepare alibis for the different dates.
During cross-examination, Kastner asked Howell why she wouldn’t take the extra time when she is facing up to five years in prison if convicted.
“I have also spent 10 months trying to get this over with,” Howell said. “Every single step of the way I have tried to make this stop because I have not been given the opportunity, anytime, until today to prove my innocence.
“Do you think I’m just going ahead and let that go a couple more weeks? Give away a couple more weeks. No. I don’t want to wait any more to tell these people ‘I didn’t do it!’ ”
Kastner suggested Howell didn’t take the extra time because she didn’t have the evidence to develop alibis for the other dates.
Howell responded by saying it was also important to get on with her life.
Kastner asked Howell how the student knew that she had ordered pizza on a particular date last fall if the student was not with her. The student had testified that the first time he went to Howell’s house they ate pizza while sitting on the floor of the bedroom.
“Yeah, you proved I ordered pizza,” Howell snapped, saying it was a lucky coincidence that matched the student’s allegations.
Kastner also wanted to know why Howell didn’t report the student to police, or even tell her 38-year-old boyfriend, that the student appeared to be stalking her.
For the first time Thursday, Howell testified that student began sending her “alarming” texts that were sexual in nature. She said the texts included the phases “Let me in,” “Where are you,” “I’m at your house,” and “I’m here to (have sex).”
“If you wanted to fully cooperative with our investigation, as you have claimed, why didn’t you tell us about the ‘alarming’ texts until yesterday?” Kastner asked.
Howell didn’t have an answer but reiterated that she never had sex with the student.