totally disgusting...Why can't she date someone her own age.

How incredibly sad for all concerned.

We do not live in a perfect world, never have, never will. Maybe she'll get the help she needs. She''l never teach again, and that's wasted talent.

Will also need to register as a sex offender under Megan's Law

Concerned WO:

The report on nj.com indicates that, yes, she will have to register as a sex offender and is subject to lifetime supervision.

Whether or not she will receive a custodial sentence or parole remains to be seen.

Waiting to hear fr West Orange school officials on how they will be addressing parents regarding this matter and the most recent one... Not saying they have to specify and point to these exact cases, however they should reassure parents of hiring practices and what they are doing to avoid such behavior. At the end of the day parents need communication fr the superintendents office regarding safety for our children.

What also disturbs me is that it APPEARS that this woman had a history...and there were rumors and earlier suspicion regarding her dysfunctional behavior in the school with/and around children. Did the school's administration and superintendent's office drop the ball here? Turn a blind eye? Some of you may argue that you can't control the actions of another...yes...but where there is smoke, there is fire and IF this woman did questionable things in past as former students have hinted to, then shame on the school and district's administration for not knowing what was going on under their noses. http://westorange.patch.com/articles/high-school-female-teacher-arrested-for-sex-with-student#comments_list

We lack accountability at every point you can turn to in this town...from the school district to our town council! Jessica Glicker, our chief of PR has got a major image, clean up job ahead of her.

chris: What has happened here is clear evidence of the system working following the report of a crime and a thorough investigation.

School kids being "hot for teacher," developing crushes, engaging in wishful thinking and gossip is far from anything new...and the idea that school administrators can/should be mounting regular witch hunts to sort such things out...or believing that anyone "dropped a ball" is just unrealistic.

The WOBOE can only do what the law dictates and does precisely that when confronted with credible reports and evidence.

If I had a teacher like that my education would have far better than me having to read up on those issues myself. Thank you Hef for your educational materials. Maybe the teacher will eventually marry her muse at a later date. I think this has happened a few times before in the past few decades.

a boy his age can handle this-its not going to hurt him-in fact it might make him a man

I'm betting the kid isn't regretting any of this!! Not only did he probably receive straight A's in class but he was getting some booty to!!

I JUST WOULD LIKE TO KNOW WHERE WERE THESE "TEACHERS", WHEN I WAS IN SCHOOL ?
HELLO MRS. ROBINSON.......................................

Teachers all cringe every time one of them is caught and its aired publicly. I have received emails in the past from teachers saying it should be kept private. This demonstrates the arrogance of teachers thinking that the bad apples in their profession are somehow exempt from public scrutiny.....pride comes before the fall.

what the hell she cant get anyone her own age but if it was a man doing this he would get life its not fair this women get off so easy just call on me i'll b there lol what a shame her family must b real dissapointed

Never understood why teachers have sex with students. They are going to jail.

No time in prison? What once was inpermissable and truly intolerable has now become the norm, as well as accepted behavior in our society. For an adult whose sole responsibility is educating young children, and failing to do so on a grand scale,
there is no place EXCEPT prison. Thank you, once again, justice system. The message being sent is clearly being heard by the younger generation.

Ok folks, let me play the Devil's Advocate here.
1. She was voted "Teacher of the Year." An obvious major accomplishment for any teacher to acheive!
2. She had sex with a 15 year old boy. A good thing? Of course not! She is well over the age of consent (33) and legally old enough to be his mother!
3. According to the report, they engaged in relations a few times. Yes, I know, one time is too many!
4. She is on Life Parole. So, I am assuming that if she does ANYTHING WRONG (legally--even a speeding ticket) for the rest of her life, she will find herself in jail!
Think about that. Any little thing. Can she really be perfect for...say... the next 50 years?
5. What would the outcome have been if the gender roles had been reversed? A 33 year old male teacher and a 15 year old female student??
6. Does this punishment fit the crime?

She just flushed a rewarding career down the toilet. What was she thinking?

Ok folks, let me play the Devil's Advocate here.
1. She was voted "Teacher of the Year." An obvious major accomplishment for any teacher to acheive!
2. She had sex with a 15 year old boy. A good thing? Of course not! She is well over the age of consent (33) and legally old enough to be his mother!
3. According to the report, they engaged in relations a few times. Yes, I know, one time is too many!
4. She is on Life Parole. So, I am assuming that if she does ANYTHING WRONG (legally--even a speeding ticket) for the rest of her life, she will find herself in jail!
Think about that. Any little thing. Can she really be perfect for...say... the next 50 years?
5. What would the outcome have been if the gender roles had been reversed? A 33 year old male teacher and a 15 year old female student??
6. Does this punishment fit the crime?

Unfortunately, here we go again...to make matters worse (if I'm reading this correctly), no prison time. Had this been a man? Well ladies, say what you want, but there would have been NO PLEADING....rape...off to jail for 20 years...end of discussion...and that's the "new" sexual equality!

Gee, I wonder would that have been the same sentence if it had been a male teacher with a 15 year old girl.

Personally, I don't get the attraction a 33 yr old woman would have for a 15 year old boy. At that age aren't they mostly, skinny, lanky, awkward, pimply and for the most part, not attractive even. What is more important is if she was voted teacher of the year, obviously standards weren't very high, especially if there were already signs of trouble.
Frankly, this would be every young boy's dream....but for a woman? Huh, really? I could see if she had an affair with a 21 year old...but 15, OY!

If I'm ever on a jury that decides this issue with the same facts, I'm voting to give the teacher probation.

I wish I had her as my TEACHER when I was 15.

If it had been a male teacher and a 15 yr.old girl he would have been charged with statutory rape

A long line of heroic Americans that have not only fallen from grace but have disgraced those who believed in them!

Well, the sentence seems appropriate. She didn't murder the kid, after all. And qwhen you consider how 15 year old boys are today--a far cry from innocent angels--the sentence seems fair. Lifetime parole is no easy thing. Always remember that the age of consent in most European countries is 15 years old and younger. Chill, people.

IF SHE HAS CHILDREN OF HER OWN,OR SOMEDAY DOES,WILL SHE BE ALLOWED TO KEEP THEM THEN?

I think it is a fair sentence. A lifetime of parole is no easy thing. Remember also that 15 year old boys in today's culture are hardly innocent angels; many are jaded. Remember also that the age of consent in most European countries is age 15 or less. Chill, people. Americans always get their knickers in a twist

What bothers me is that they say she had a sexual relationship with a fifteen year old boy. NO she did not have a relationship, she was abusing him plain and simple. Let's call it what it is, it is sexual abuse!!!

If it was a male teacher there would have been jail time. It's become wide spread with female teachers and jail time should be mandatory.

Helpless Boys huh Vinnie????@15 yrs ole trust me he's not helpless & @15 yrs ole that was a Dream of a Lifetime in his eyes&I know some of you think it was Wrong but you weren t in the Boyz shoes I'll probable get Bashed for this Comment But its the Truth

How does the law want society to respect our legal system, when there is so much disparity in the sentences given to men and women for the same heinous crimes? No wonder at times the courts have a difficulty in getting joe citizen to serve as a juror!! It takes no rocket scientist to see the inequity...

Folks: This is your one-time warning...To comment on Patch, readers had to agree to our Patch Terms of Service (TOS) agreement. The Terms clearly state no offensive, obscene or profane comments.
This is a sensitive subject and, while most of you are following our TOS, more than a few of you are not.
I will close off comments if this continues. Please respect each other, stick to the topic of the thread and keep your remarks clean. That includes the use of double-entendres.

Will she have to register as a Sex Offender?

Tom: As previously advised (above), yes, DePalo will have to register as a sex offender.

Whatever differing opinions people are offering (the sentence was too light, men are treated differently than women, etc.) , let's not lose sight of the fact that each case is different and none of us are privy to the evidence or testimony that might, or might not, have been presented.

The salient point being that the parents of this child are satisfied with the outcome and their son is spared the trauma of testifying in open court.

As to Ms. DePalo, while she may have been spared jail, the sentence she has received is significant and has marked her for life...and her's is a life in shambles that will never be reclaimed.

Mark
Here is the problem? 15 year old boys and girls know what they are doing when they engage in sex with teachers. WHAT SHE DID WAS WRONG HOWEVER HE IS NOT INNOCENT EITHER. HE MADE AN ADULT DECISION SO HE SHOULD BE TREATED AS AN ADULT. I get so tired of people acting surprised when these things happen. Do you really think this young man was traumatized? Give me a break he went home smiling from ear to ear. Man or Woman if you are a teacher keep your clothes on when it comes to students.

Ms. D, the summer must have been too hot. She was Peter Pan, now she will be excon. I am truly sorry for her. I dont condone it, but she had a brilliant life, and it was wasted just by a moment of pleasure

This is a warning to many of you sitting judgment. If you are doing this type of stuff, please stop. It gets you nowhere but jail.

NR

There's absolutely nothing incredibly wrong with this. I mean it's not the norm , but to have to under go a psychological evaluation is ridiculous,. Everybody has weird sexual urges but usually they don't act on them she just acted on them, and at 15 it's not like you don't know what your doing. He knew exactly what he was doing he was fo filling every teenage boys fantasy to sleep with their teach. I don't see him getting a psychological evaluation done...

One has to wonder why when a man does it, we call it statutory rape, but when it is a woman who does it, we call it having a sexual relationship.

She was a teacher of the year candidate ! Perhaps if we paid our teachers enough for doing the job and guiding our children, say somewhere near the minimum pay for a professional athlete ! Many underpaid teaches pay out of pocket for supplkies for their students, have no life, spend off time coaching sports to make a few extra bucks, ans spend off time planning their classes. True what she did was shameful but so is the way we treat our teachers and then expect them to be the best of the best to be near our children. The old addage of "You get what you pay for" seems to fit here!!

Women teachers do NOT get away with murder. There was a case in New Britain, Connecticut where a woman teacher did jail time for a similar offense.
Also in that case the parents of one the boys --- there were 2 17-year olds --- sued the school district for the emotional damage done their son. The judge quickly disnissed the suit noting in part how the boys had been high-fiving with friends when the news got out.

She should have got at least a 5 year prison sentence. If this was a man who committed sexual abuse on a female student you can bet the house that he would have received jail time. Why the double standard? Also, thru her stupid behavior she has given the WO school district more bad PR. WO already has a rather poor perception and this was more insult added. Will this make good parents of school age children want to move here? I doubt it.

He may be 15, but he consented to have sexual relations with this grown woman. He made the choice to just like she did. Our grandparents were married at that age 60 years ago. I guarantee when kids went to school back then it happened too. It just was not talked about like everything is these days.

It is ALWAYS wrong for any authority figure to have intimate relations with anybody in their charge-age of consent, etc, are immaterial-this is about a predator looking for prey-it is all about control and abuse of power!

adultry is adultry no matter if it's happening between old and yong couples or between couples at the same age

Obviously she was NOT thinking. A 15 year old BOY has not even finished going through puberty. The article did state that he on more than one occasion went to her place...he should be held acountable as well. The whole thing is disgusting and she should have been sent to prison for life. Both parties in this are equally guilty.

Despicable. Teacher of the year huh? It just goes to show how SOCIETY IS STILL SO CLUELESS. Wake up y’all

Yes, doing what she did must be illegal but immoral, I think not. When I was his age, just like most of my male friends, that's about all we thought about! I doubt seriously that he was damaged in any way. If you have a 15 year old son, you had better arm him with whatever wisdom you can depart and a pack of condoms. It's going to happen for him very soon so you had better prepare and protect him ASAP!

There seems to be a double standard when an adult woman has sex with a minor boy. The woman just gets a slap on a hand; if this was a adult man having sex with a minor girl or boy, he would be serving serious jail time. I do no think justice was even close to being served in this case.

jk

wow thats just messed up what the hell do these older women and some male teachers see in these underagers these kids are still maturing. disgustig!!

If the kid would have kept his mouth shut he could have had a good four years in high school. If it would have been me, I'd of had a great time. No 15 year old is too young to consent to this. He wanted it, Americans are too hung up on sex. Why do you think your grandparents and great grandparents were married at such young ages? If it was forced upon him then you can complain. It wasn't according to what I've read.

Just what can we expect from our teachers? There are so many accused of sex crimes with students, these days, you wonder if we should not just home school our kids. This teacher's predicament is the most eloquent answer to those who always carp about teachers not being paid well enough.

She is expected to receive life parole supervision (plea agreement).

She will be required to undergo a psychological evaluation

She has to forfeit her teacher’s license

She will never be allowed to seek government appointment

The victim is free from having to testify in open court

We have to remember, she DID plead guilty (something that many sex offenders don't do). The two sexual encounters did take place at 'her' apartment, where he 'visited' her! She took advantage of his willingness to go there and have sex. I think her punishment fits the crime. As mentioned in a previous comment, anything she does while on her lifetime parole will land her in jail.

How many male sex offenders have plead guilty? Did they serve any time? Is so, what was the difference in the crime? Was there violence? It's much easier for a man to overpower a teenage girl than a woman to overpower a teenage boy. Just saying.

Yes, it wouldn't have hurt for her to spend a little time behind bars but she will be paying for this crime the rest of her life at just 33 years old. Good luck finding a job now.

It is just the time we live in. For us older men, we have to let it go, our hot teachers just got away. Hot teachers, today are just taking the risk. Some get caught, some don't. Is it right, no. Is it wrong, no. Just poor timing, and wrong area in the country. Other parts of the country, teens are having sex with teachers on a daily basis. And will continue, just don't be the male teacher, and life and society will continue. As for the male, yoyr life will be over and your next partner will be some guy named Big Willy.

This is a non-issue. She shouldn't have to deal with these unjustified consequences either. It was consentual and despite that the law says nobody has any idea what's going on around them or how to make 100% perfect decisions until the exact minute they turn 18, it was consentual.

now if women could become priests, we would be living in a perfect world

Probation huh? Reverse the sex's and they throw away the key.

YEA ...Asst. Prosecutor Gutierrez...u get her !!!!

Why do Americans want Equality for Women for everything except when it comes to doing Jail Time for Child Molestation/Statutory Rape? More and more Female Teachers are molesting children, and basically getting away with it. We are up in arms about people shooting children, but not women Raping children? Society needs a good, long look into the Morality Mirror...

They say they gave her that sentence because they didn't want to take the kid thru a trial?? I bet what really happened is the kid wouldn't cooperate with the prosecution. apparently he was enjoying himself if he was goin back for 2nds.

As long as we let them get away with no jail time, they WILL keep assaulting our children. Why the duel standards? No matter how you try to justify it. It's rape plain and simple. Make it mandatory jail time no matter what!

For all of you who decide to focus on the victim wants/likes/dislikes, etc, YOU ARE DEAD WRONG! You, we, me, none of us knows the affects this will have on him in the future, just because we (as men) were once 15 and want to believe this would be the best thing in the world. There are some girls who wants/would love to have sex with their male teaches and eventually does. As soon as it's discovered it's generally in the catagory of STATUTORY RAPE, SEXUAL ASSULT, etc etc, regardless of she "wanted" it or not. She (no he, is this case) are culpable when it applies to a person in authority committing the act. SHE SHOULD HAVE BEEN PUNISHED ACCORDINGLY, but rarely are women! SAD !!!!!!!!!!

after skimming though many of these comments, i'm thinking of the word RESPONSIBILITY. Anyone, no matter what age, should know of the consequences of a willing and consensual sexual encounter. It is the (medical) bodily function that can produce offspring. No prevention is 100% effective. Too many people ignore the fact that they are responsible for the outcomes of their sexual encounters.

Where was the Mommy and Daddy of the of the 15 year old while all of this was going on ? Did he tell them he was being tutored in English by the " teacher of the year " ? Most parents would ask questions where their son is spending time after school or at night . When my son was 15 he told me he was visiting his 14 year old girl and they were studying French and biology. See folks nothing changes from generation to generation.

Every time I read a story like this it takes me back to the Van Halen song "Hot for Teacher". Teachers have changed over the years. When i was little in the 70's they were all in there 70's now i take my kids to school and the teachers, well ***keys up that Van Halen Song again;)

I had a few teachers I wouldn't have minded getting to know a little better. Unfortunately I lived in a small town with mostly upstanding teachers that knew if anything happened, 25,000 people would ruin their lives, lol. One beauty in my 7th grade class had students that wouldn't only come up to the front of her desk, I wonder if her monkey breath had anything to do with it..

The SAD thing is also that you don't know HOW many MALE teachers have molested FEMALE students and never get caught!!!! The difference is that many girls are ashamed or want to keep the "relationship" private, while boys brag about it!! How fair is that?

she didn" drag him to apartment

THE YOUNGEST TEACHER I HAD IN HIGH SCHOOL WAS 80

The giving of awards is too often a matter of playing politics. Shame on this woman for her foolish deeds and for taking advantage of a child.

The Prosecutor should be given prison time for not doing their Job ---Essex County People need to Impeach Her

unfortunately with a story like this, all of the pigs come away from the trough to leave their comments. they seem to respect no one and deserve no respect.

West Orange, WHERE?

Essex County, WHERE?

Sure, there is enough info for me to google it, but does that make it good journalism?

All of you self-rightious bleeding heart "Do-Gooders", make me sick! This is definitely not a perfect world. We are all here doing the best we can, and trying to get by the best we can. Some individuals are flawed, leading to flawed choices, that they may make.I'm sure EVERYONE has done things that they regret.As I see it ,many people conectted w/ this incident are guilty of wrong doing.Where are the parents in this? What about the young mans morales? Was't he taught right from wrong?Didn't he have a choice to decline the situation, based on his moral beliefs (instilled by his parents). Many are not without fault here.Don't be so quick to pass judgement!!!

Well, I think people are very judgmental. Human nature being what it is, it is very understandable how the teacher could become involved -- not right -- but we should not take away her talented teaching skills for this indiscretion.

"Of course she got off with "lifetime supervision." It's because of her gender. If this had been a male teacher he would've been sentenced to a lifetime behind bars. Total BS how women sex abusers/offenders get off so easy but the men ALWAYS end up doing long stretches of hard time. Justice ain't blind...no, not at all....Justice is hypocritical when it comes to applying the law equally. She got off way too easily. The proverbial slap on the wrist. You think she gives a hoot about "lifetime supervision?" Whatever that's supposed to mean anyhow. She's losing none of the comforts of a free life as opposed to a similarly convicted male. Total double standard here."

An addendum: I have been in the ordained Ministry for 30 years. I'm a strong conservative Bible believer -- but I am also aware that Americans throw sex at our youth 7 days a week. It's everywhere. The TV shows aimed at youth at replete with sexual innuendos. The teacher is also quite young. The legality aside, we should understand that our sex-crazed society has created the constant and increased problem we see with young teachers. Legally perhaps the fault is hers -- but let's be realistic. A talented young 15-year old boy can be quite seductive to a girl of any age, and who knows what her mental state was at the time? She may have been quite vulnerable to the advances of a young man who was probably quite mature looking, even taller than she. Should we REALLY heap such abuse on this teacher as if to throw stones? Our sex-sick society has created this and I see no one protesting television and movies. Not yet. And there is the real catalyst of these continued problems.

The People in Essex County ,N J Need to Impeach the Prosecutors in their County because their Not doing their Jobs & their Protecting the Women who pray on their Children & Not Protecting the People nor the Kids in that County

Chuck: What most everyone posting here seems to be ignoring is the fact that prosecutors can only work with the testimony and evidence they have when seeking a conviction.

One doesn't need to read too deeply between the lines to surmise that they had a reluctant witness (the "victim") who would have had to testify to the substance of the evidence (text messages) in court; something his parents were more than happy to avoid.

Given, too, that no small number of people here question just how much of a crime actually occurred, getting 12 jurors to agree would be far from assured.

Accordingly, they felt that this pleas bargain was the best result under the circumstances while still seeing justice done.

It isn't about double standards for men and women; it's about the quality of the testimony and evidence one would bring to trial or, in this case, the lack thereof.

@ Julie Levine, Such a great question !!
@ Gary Englert, My opinion, the prosecutor would have been just a "tad bit" more agressive regardless of how much or lack of evidence he had !!!!!
(all other things being the exact same, excluding opposite genders/roles)

ahhhh, assumming the prosecutor was male! (doesn't change my opinion of the above regardless of the prosecutors gender)

Julie Levine:

Each case is different and both the prosecution and outcome depends on the quality of the evidence and testimony available, not the gender of the actor.

John:

In a county where 15 year olds are routinely tried and convicted as adults, a reluctant "witness" and his satisfied parents doesn't seem like a slam-dunk win in a courtroom.

You can easily read between the lines here but, there's still a great deal the casual observer will never know.

@ Gary, If you can produce for me a case anywhere in our US, where a 33yr old MALE, "ENDANGERED THE WELFARE OF A CHILD" (such as this case= SEXUALLY) and received a punshisment such as what this PEDOPHILE received in a plea, I would luv to see it! But of course, I'm sure, the prosecutor had more "evidence" to work it! lol (smile)

@John @Gary here's the link to the article... http://mankatofreepress.com/local/x1303533597/Lake-Crystal-man-pleads-guilty-to-sex-assault

Here's a sex abuse case. 2 male teacher's involved, and a female principal who had knowledge. No prison term. Logandro and Michielli each agreed to 30 days of detention - which could be house arrest - and will be sentenced to one to five years of probation in March. Each admitted Monday that he "cultivated and engaged in an improper relationship" with a student. It's stupid to even have to try and find a case like this to prove any point. The reality is that sex abuse happens every single day. It's not a matter of arguing between people who both agree that sex abuse to any child is WRONG! It is so extremely sad that any of this happens. .... http://articles.philly.com/2013-02-13/news/37061060_1_substitute-teacher-triton-teachers-jeff-logandro

@ Lori W., Gary Englert & All: Bottom Line is this: Our justice system (prosecutor) hands FEMALE PEDOPHILES a smack on the hand for their crimes in comparison to MALE PEDOPHILES. Research female sentences vs male sentences on the subject. My only argument is SEX, not adding alcohol, drugs, violence. etc. etc. You both "seem" to say, if all parties agree just to have sex with no violence, alcohol, drugs, violence with a child, it's ok with a no jail sentence based on "the evidence" Both genders should spend significant JAIL TIME regardless of the surrounding facts when found guilty of HAVING SEX WITH A CHILD. The victims age should be irrelevant if 1 day underage. No such thing as "consent" when the adult is in a position of authority over the child as the child is not culpable.

My last post on this subject, Good Luck to you all in your lives.

It's sad and doesn't bode well for the already ailing school district of wo.

Gary has the most significant comments on this thread. He bases all his opinions on fact. Everyone else just speaks from emotion. Thanks , Gary , for being the voice of reason here.

>>The boy was more then willing I bet. I know when I was 15<<
You geniuses need to realize the law is there for the protection of minors so they're not exploited and don't suffer life long emotional problems from these kind of acts. Maybe when you were 15, you had the maturity of a 21 year old, there are exceptions but the line is drawn in law that under 18 minors have not fully developed the ability and maturity to make serious decisions, to enter into contracts, etc.

TO ALL: Unless you know ALL the facts of this case you should keep your comments to yourself. None of you know that particulars and yet you are compelled to spew your nonsense. I guess you all enjoy being in the limelight -- such as the interim Superintendent, who absolutely had no right whatsoever to give his "opinions". Shame on the Board, shame on Mr. O'Neill and shame on West Orange.

Regarding the teacher who had an affair with a 15 year old student, but avoided jail time through a plea bargain. If this had been a male teacher and a 15 year old female student (instead of the opposite), there is no way he would have gotten off this easy. Typical double standard.

FourScore and Ricky:

You are both ignoring what little has actually been revealed about this particular case and the practical realities that faced the prosecution.

The victim/primary witness was reluctant to testify and his parents were eager to agree he not have to.

It is also a given that while one reaches their majority at 18, judges often rule that people far young be tried as adults...recognizing that they can be held fully responsible for the most heinous crimes on the books.

The youngest of the defendants in the 2007 Newark schoolyard murders turned 15 on the day of the crime and he was tried, convicted and sentenced to 195 years in jail, this January.

Neither in law nor practice are "all" minors under the age of 18 considered babes in the woods and innocents...and the number of them out there who have fathered or born children are legion.

Again, this isn't about double standards for men and women; it's about the quality of the testimony and the evidence...and the liklihood of winning or losing at trial.

Teacher of the year! What was she teaching boys!?!?!? She should be in jail.

^ Nonsense

It is interesting when people think of it as a "when I was 15 and if that were my teacher...it would be hot". How about thinking of it from the perspective of a parent of a 15 year old (which I have) knowing that an adult of 33 years old used her sexuality and control to invite it and fully execute it. We need to be concerned about our children being sexually active with kids of their own age as it is. We should not need worry that someone, a teacher, coach, religious leader, etc., that we entrust in our children's well-being should be "hitting on" on and/or having sex with our kids. This a crime and the punishment most certainly did NOT fit it.

Brett Murray:

My position here, repeated more than once, I really think is quite clear. While I certainly agree that a crime (under NJ statute) was committed here, and that the victim is blameless under the law, I also recognize the hurdles a prosecutor faces trying to win conviction at trial.

It this particular instance, one of those hurdles is convincing 12 people of precisely that...that a 15 year old is incapable of making cogent decisions about his/her sex life.

Again, in a legal system where 15 year olds are held responsible for capital crimes and are tried, convicted and sentenced as adults, a great many people have difficulty reconciling the fact that, conversely, someone of the same age is an innocent when it comes to sex.

The law doesn't assess any responsibility to the victim here but, some portion of the generally public most certainly will (read the posts here if you need convincing) and it's from the general public that juries are chosen.

I fully understand all the legal nuance, which need not be explained to me. I'm simply acknowledging practical realities and what was likely considered when reaching a plea agreement rather than going to trial.

Gary
Actually I believe that if this went to trial it would have been a slam dunk. In a jury sequester if I were the hold out I would have a hard time standing my ground on believing this minor has some sort of guilt to bear in this. Realistically what could I find this 15 yr old guilty of or what mitigation could I find for her innocence? He is not even allowed to consent to sex in NJ so how could he be guilty of anything? That fact in and of itself makes this all a mood point. Frankly I don't think it would have taken them an hour to convict her no other verdict would be possible considering the law.

Brett Murray:

The bottom line remains that the decision to proceed with, and accept, a plea agreement was made by the prosecutors...who not only know the quality of the evidence and potential testimony (or lack thereof)...but, are far more familiar with the vagaries of juror opinions, and resulting verdicts, than you are.

Dispute my analysis all you wish but, I assure you that the issues I've discussed were an integral part of the decision not to go to trial where anything might have happened and often does.

Gary
I the family accepted the plea for their own reasons which likely had nothing to do with the prosecutors or vagaries of any jurors opinion or for that matter mine or your opinion. Sorry but the prosecutors don't get to make those kind of decisions. They can present their case for acceptance but if the family of this 15 yr old is not satisfied the plea deal it doesn't happen and we go to trial.

Brett Murray:

I don't know what universe you inhabit and/or what experience/familiarity you have with criminal law and prosecutions but, I can assure you that it is very much within the prosection's discretion as to how someone will be charged, whether or not an indictment will be sought and/or whether the matter will go to trial or be plead out.

While the victim's wishes are certainly a consideration throughout the process, they neither run the show nor dictate terms.

For example, a victim (of whatever crime) can't curtail prosecution of an actor because he/she is such a forgiving Christian that they feel compelled to turn the other cheek!

Again, the public knows only what has been revealed in the media about this matter and neither the quality of the evidence nor testimony has been presented for review.

For you or anyone else to conclude it was sufficient to win at trial is extremely presumptuous and the fact the matter was plead out tends to suggest it wasn't.

Gary
Maybe my point was not made clear and very possibly splitting hairs here..if so my apologies. I am not saying that this family decides whether to strike a deal or not but the terms if unacceptable has to give them the right to bring that to the court. My question is what would the decision of the court be if this family chose not to accept what the prosecutor offers? Are the charges dismissed and the parties walk away? Of course not and sure if the prosecutors thought the case was going to be tough to win I'm sure they would have brought this to the victims lawyer and maybe they did. But I still say the state of NJ brought the charges and the decision to move forward and only I might add after a lengthy grand jury hearing. I'm sure that they didn't sit in there and come up with a neat plea deal designed to make everyone happy. I'm sorry but I refuse to believe that this family would have been overruled if they thought going to trial was necessary because the terms of the plea were not acceptable. Every plaid suit within a 100 miles would scream to defend them in the pending lawsuit on that.

Brett Murray:

While the wishes of the victim/family are certainly considered (and they may even be briefed on a plea in progress) the prosecutor still makes the decisions based on the rules of law, practical realities and sentencing guidelines.

Keep in mind that the "wishes of the victim" might well include boiling in oil or lynching, neither of which are likely outcomes.

A victim doesn't have standing to take legal action against the criminal justice system...nor does any liability accrue to that system...based on how it chooses to dispose of a criminal cases.

Long story short is that a victim will have an opportunity to submit a written impact statement and/or speak before the judge at sentencing, which will be taken into consideration.

That statement, however, will have to be fairly compelling to induce the judge to do anything other than ratify the deal before him.

Brett Murray:

By the way, the DePalo matter was never brought before a grand jury and she was never indicted; a plea agreement was reached first.

Gary
She did face a grand jury (please review) but you are correct an agreement was reached before she was indicted. http://westorange.patch.com/articles/teacher-arrested-for-sex-with-student-will-face-grand-jury-says-prosecutor. Yes that probably allowed time for some agreeable plea to be worked up before any trial date loomed. But there could be no doubt she was going to have to go to trial unless something was worked out before that which had to satisfy this families wishes completely. There was a quality of evidence to support a trial since she had an improper relationship with someone who was not even by law allowed to consent to it. Also if you really want to twist this... this was a relationship she wasn't allowed to consent to either which covers that little shred of guilt hanging this seducing 15 yr old.
I keep hearing you say "practical realities" and you know if I thinking about it the same way you are I could apply that statement to my argument also. I think that she was facing some serious time based on sentencing guidelines and when prosecutors presented that "reality" to this family they chose to be merciful. How do we know that there wasn't prison time that the family nixed when they were presented with the terms. I'm sure this deal went through its own evolution which considered more than just what the prosecutors wanted or were willing to push.

Gary
Please read this and comment. Wouldn't you agree the most harsh condition of sentencing in this case? Especially if we believe our evidence was shaky from the start. Either there was something very serious here that we might never know about or she was automaticlly subjected to this based on her offense.
http://www.state.nj.us/parole/somu.html

Gary
Also to be fair my comment "every plaid suit within a 100 miles would scream to defend them in the pending lawsuit on that" was grandstanding. You are correct that they would had no recourse to sue.

Brett Murray:

Your post (above) indicated your belief the case moved forward "after a lengthy grand jury hearing" and there was none.

Based on what little information has been released publicly, I sense a grand jury presentation would have been problematical as the "evidence" appears to consist of the victim's testimony corroborated by text messages, which are, of course, open to interpretation. Accordingly, the reluctant victim's testimony appears to have been essential for an indictment to have been obtained.

My references to "practical realities" relates to the hands that were dealt both the prosecution and defense; neither of which were strong enough to bet the ranch on.

I think the plea agreement is a reflection of that. There's also an old legal adage that state, "If neither side is happy with the outcome, it's likely justice was done." I think that applies here.

While Ms. DePalo is subject to "lifetime supervisionn" I do not know that her wearing a GPS equipped ankle bracelet will be part of her parole. Common sense tells me that is likely reserved for the more violent of sexual predators and, however unseemly DePalo's behavior, force and violence were not part of the equation.

Gary
I cannot argue your point about the grand jury but could only say that I really believe that this family did not want to go to court and that is where this was headed. Compelling him to testify was likely going to cause more harm than good.
I can only speak for myself but if I were a juror in this case I don't think that I would have any problem finding this person guilty of this crime. All things being equal if it could have been proven to me that this happened the choice would have been an easy one.
As for her lifetime parole supervision I would hope you are correct because it seems that in that condition of parole is not considering anything other than the offense.
Not because I'm a teacher but at any rate I think we can both agree that this activity has place in a school and if it happens it needs to be dealt with. Good teachers have an extremely job these days and this stuff only makes it more so. I appreciate the discussion.

Former West Orange High School teacher, Erica DePalo, 33, of Montclair, was sentenced to a three-year suspended sentence of parole with no jail time Monday afternoon, the Essex County Prosecutor's Office said. http://westorange.patch.com/articles/former-high-school-teacher-admits-to-sex-with-student-gets-parole