Attorney says charges against Altice are unconstitutional
Brianne Altice appeared in court in Farmington on Thursday, January 22, 2015.
Brianne Altice appeared in court in Farmington on Thursday, January 22, 2015.
Leah Hogsten | The Salt Lake Tribune Brianne Altice listens to the testimony of a teenager who gave details about his sexual relationship when he was 17-years old with Altice, his former Davis High School teacher during a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. According to charging documents, Altice allegedly had sexual contact with the 17-year-old boy between August and September of last year. Brianne Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
FARMINGTON —- The charges against Brianne Altice are unconstitutional, according to a motion filed by her attorney in 2nd District Court.
Altice, 35, of South Weber, is accused of having sexual relationships with three teenage boys. All were former students of hers when she taught English at Davis High School.
Altice is charged with a total of 14 felonies, including five counts of first-degree felony rape.
Ed Brass, her attorney, filed three motions on Jan. 26 in 2nd District Court. Altice has a hearing scheduled Feb. 18 before Judge Thomas Kay when the attorneys will argue several motions, including one filed Monday asking the judge to declare the charges are unconstitutional.
Brass argues laws are unconstitutional that make it a higher offense for someone who is in a position of special trust to have sex with a minor. Those positions of special trust according to Utah law include teachers, parents, step-parents, coaches, religious leaders, doctors, grandparents and siblings.
Brass cites a 2013 Utah Supreme Court ruling, “State v. Watkins,” saying the laws “are unconstitutionally vague in violation of the due process clauses of the state and federal constitutions.”
Brass also filed a motion asking that charges 1 through 4 to be separated from charges 5 through 9 and charge 10 to be separated from all the charges. Each group of charges deals with a separate male student.
Another motion asks Kay to dismiss charge 10, stating that prosecutors did not produce enough evidence during the preliminary hearing held on Jan. 15 for the charge to go forward.
Brass filed a motion last year asking the judge to suppress statements Altice made to police when she was interviewed at her home in October 2013 before she was arrested.
Altice is charged in two cases, one filed in 2013 and other in January. She is charged in the 2013 case with five counts of rape, three counts of forcible sexual abuse and two counts of forcible sodomy, all first-degree felonies. She is charged in the case filed in January with three counts of unlawful sexual activity with a minor and dealing in materials harmful to a minor, all third-degree felonies.
She is held in the Davis County Jail without bail. She was taken into custody following the preliminary hearing Jan. 15. She entered not guilty pleas to charges on Jan. 22.
She was arrested the first time in October of 2013 following an investigation by Kaysville police.
Meantime, the teenager who testified at the preliminary hearing in January appeared in 2nd District Court on Tuesday and pleaded guilty to two class A misdemeanors. He entered guilty pleas to attempted tampering with a witness and attempted retaliation against a witness. Text messages show the teen threatened to kill a witness if the teen didn’t recant his story, according to court documents. Investigators said he had threatened one of the victims before a preliminary hearing held in September 2014.
It is the policy of the Standard-Examiner not to publish the names of people who are considered victims of sex crimes.
Altice has had three preliminary hearings in total. At each one, each teenage boy — all three are now adults — testified about having sexual relationships with her.
The first preliminary hearing was held in February 2014. The first student who spoke with police about having a sexual relationship with Altice testified at that hearing.
A preliminary hearing where a second former student described his relationship with Altice as a ”teacher with benefits” was held in September.
Contact reporter Loretta Park at 801-625-4252 or lpark@standard.net. Follow her on Twitter at @LorettaParkSE. Like her on Facebook at www.facebook.com/SELorettaPark.