VIDEO: Latest charge will stand against Brianne Altice
Brianne Altice appeared in court in Bountiful on Wednesday, February 18, 2015.
Brianne Altice appeared in court in Bountiful on Wednesday, February 18, 2015.
Brianne Altice appeared in court in Bountiful on Wednesday, February 18, 2015.
Brianne Altice appeared in court in Bountiful on Wednesday, February 18, 2015.
Brianne Altice appeared in court in Bountiful on Wednesday, February 18, 2015.
BOUNTIFUL — The last charge filed against Brianne Altice in her 2013 case will stand, a judge ruled Wednesday.
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.
Alice is charged with a total of 14 felonies, including five counts of first-degree felony rape.
Her attorney E Brass filed a motion in January asking 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.
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.
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.
Brass argued in a hearing on Wednesday that the third teenage boy testified even though Altice was a teacher at Davis High School when a sexual relationship began between the two. Altice was not his teacher at that time. He was a senior at the school. Altice was his teacher when he was a junior.
Kay said in his ruling that he was basing it on a “factual issue,” which was Altice was a teacher, and according to the Utah law, teachers are one of those listed as a position of special trust.
Kay also scheduled two days in March for oral argument hearings on three other motions Brass has filed with the court.
On March 16, attorneys will present arguments regarding whether statements Altice made to Kaysville and Davis County Sheriff’s officers on Oct. 28, 2013, when she was arrested, should be suppressed.
On March 30, attorneys will present arguments about whether the charges against Altice are, or are not, unconstitutional and also if the charges should be divided into separate cases.
On Wednesday, attorneys heard testimony from three officers who were present when Altice was arrested in her home.
When Kaysville and Davis County Sheriff’s officers arrived at Altice’s home on Oct. 28, 2013, it was 9 p.m., several testified at a motion hearing about Altice’s tattoos.
When officers arrived they told her she could take care of her two children and allowed her to put them to bed before they began executing the search warrant, which included photographing the tattoos on her body, as well as items in her home, the officers testified on Wednesday.
Davis County Sheriff’s Detective John Olsen said they told Altice they could have a female officer present while they photographed her tattoos, but Altice declined.
Brass asked Olsen why officers waited until 9 p.m.
Olsen said they had been working on getting the search warrant the majority of the day and wanted to have the situation taken care before the next day when Altice was expected back at Davis High School to teach.
Brass asked why they did not go to Altice’s home at 4 p.m. or 6 p.m, but waited until 9 p.m.
Olsen said it was because they had to wait for the warrant.
“You had time to plan this,” Brass said.
“Yes,” Olsen said.
Kaysville Police Detective Tim Barlow, who is also the school resource officer at Davis High School, was one of the officers who was at Altice’s home.
Barlow said he stood outside of a bathroom while Altice used the facility.
Barlow also testified that Altice asked him if she could get an attorney, but was not specific about wanting one at that moment.
“I told her I couldn’t advise her what to do and we were there to determine what the truth was,” Barlow said.
At one point the audio recorder he was using had turned off for about five minutes, Barlow said.
Davis County Sheriff’s Detective Mike Davis testified he took photographs of the rooms on the main floor and also the garage. He said another officer photographed Altice’s tattoos.
He said he was in the doorway of the bedroom when the other officer took photographs of the tattoos “to make sure nothing else was happening.”
Davis said the tattoos were on her right foot, on the small of her back and on her right rib area.
Davis said he was in the garage when he was told Altice had made a confession and there was going to be an arrest.
Meantime, the teenager who testified at a preliminary hearing in January also appeared in 2nd District Court in January 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
