FARMINGTON --- A former student of a Davis High School English teacher testified he would have sex with her in her South Weber home on her bed, but the first time was in the church parking lot not far from the school.
Brianne Lane Altice, 34, of South Weber, is charged with three counts of first-degree felony rape and one count of forcible sodomy. The judge found there was enough probable cause to have the case go forward.
A felony arraignment hearing is set for Feb. 27 before Judge Thomas L. Kay.
She is accused of having a sexual relationship with a 16-17-year-old boy who was one of her students in 2013.
The teenage boy testified during a preliminary hearing on Wednesday. During part of the testimony, Altice, who was wearing a blue dress, cried and wiped tears from her face with tissues that created a pile in front of her on the table.
The Standard-Examiner does not publish the name of victims of sex crimes. Judge John Morris also ordered the media not to release the name of the minor who testified.
Morris had spectators, except for the media, cleared from the court room during the teenager's testimony.
The teenager said he entered Davis High School at the beginning of second semester of 2013 after moving to Utah from another state. Altice was the first teacher who was "sympathetic."
"I was out of my comfort zone," the boy said about moving to Utah.
He said he pushed the line by "flirting a lot," with his teacher, but she would "laugh it off." He also asked Altice if she would give him a kiss at the end of the year, but she would say, "no."
He said he then started leaving notes in her desk and he would skip his other classes to go to Altice's class.
"I wasn't getting kicked out," the boy said.
The boy said he kept flirting with Altice who did not discourage him.
"If I was 18 I know you would date me," the boy testified he would tell her often. And then in February things started to change.
He also was having problems with his parents, the boy testified. He told Altice he was not sure he would pass a drug test, so Altice drove him to Walgreens to buy a drug test during her prep period.
"I ended up kissing her in the classroom," the boy said. He had kept asking her and then they met more in a church parking lot which was close to the LDS Seminary by the school.
He met her usually before school. At first they just talked mostly, but then they started kissing more.
The first time they had sex it was in the church parking lot before school started in March, the teenager said. Summer came and they still would meet. They had sex on his birthday, the teenager testified.
The teenager said he had stopped doing assignments but he still got A's from his English class although he was failing his other classes.
He said the following school year, he transferred to Viewmont High School because he "felt guilty." He testified Altice texted him to see how he was doing.
The teenager said Altice told him she and her husband did not get along.
During cross examination, defense attorney Ed Brass asked the teenager about his drug problem. Brass asked if any of the administration talked to the teen about his comments and behavior toward Altice. The boy said none of the administration talked to him.
He also admitted to not attending his other classes and was marked truant. His parents were also aware he was not attending his other classes, but he did not tell them he was hanging out with Altice in her classroom, the teenager said during cross-examination.
The teenager said he used marijuana, LSD, experimented with other illegal substances, prescription medication, as well as using cough medicine.
Davis County Sheriff's Detective John Olsen testified he served a search warrant in October of 2013 after 9 p.m. at the Altice home to take photographs of the bedroom and also to take photographs of tattoos on her body.
Olsen testified Altice admitted during an interview to having sex with the teenage boy during the school year.
Olsen said during cross-examination that the recording of the interview shut off for a short period of time. The recorder was supposed to stay on during the entire time officers were at the house.
All the officers at the home were men and it was a man who took a photograph of Altice's tattoos, Olsen said.
Contact reporter Loretta Park at 801-625-4252 or firstname.lastname@example.org. Follow her on Twitter at @LorettaParkSE.