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VIDEO: Altice’s statements made to police will stand, judge rules

By Loretta Park, Standard-Examiner Staff - | Mar 16, 2015
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Brianne Altice appeared in court in Bountiful on Monday, March 16, 2015.

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Brianne Altice appeared in court in Bountiful on Monday, March 16, 2015.

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Brianne Altice appeared with her attorney Ed Brass in court in Bountiful on Monday, March 16, 2015.

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Brianne Altice appeared in court in Bountiful on Monday, March 16, 2015.

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Brianne Altice appeared in court in Bountiful on Monday, March 16, 2015.

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Brianne Altice appeared in court in Bountiful on Monday, March 16, 2015. She's one of several teachers in northern Utah who have been accused or convicted of having inappropriate relationships with students in the past few years.

BOUNTIFUL — Statements made by Brianne Altice to police at the time of her arrest will be used as evidence, a judge ruled on Monday.

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.

She appeared in 2nd District Court on Monday before Judge Thomas L. Kay. She was visibly upset as Kay read his ruling. 

Altice is charged with a total of 14 felonies, including five counts of first-degree felony rape.

Two officers offered testimony in February about how they questioned Altice in her home on Oct. 28, 2013. 

Kay said defense argued that Altice agreed to talk to officers and was not forced to so.

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.

Defense attorney Ed Brass filed the motion seeking to suppress the statements Altice made to officers.

Several times through the two-hour interview at her home with Kaysville police and Davis County Sheriff’s detectives, Altice kept saying to officers, “I’m confused. I don’t understand what is going on. I don’t know what to do.” 

Instead they kept questioning her and talking to her without an attorney present, Brass said. Altice even asked several times to contact her husband before she talked to police. 

Deputy Davis County Attorney Susan Hunt said Altice was 34 years old at the time she was questioned, had a master’s degree and was not using any medication, so she should have been aware of what was going on and why the officers wanted to question her. 

Altice is charged in two cases, one filed in 2013 and the 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.

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.

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.

One of the teenagers also filed a civil lawsuit against the Davis School District, claiming the district should have known what type of teacher Altice was. He and his parents are seeking at least $674,000 in damages. 

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

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