Twinfield teacher accused of having sex with student
|
|
Twinfield Union School teacher John Buttura appears Monday in Vermont District Court on a citation for sexual exploitation of a minor. STEFAN HARD/TIMES ARGUS |
Toolbox
By Thatcher Moats Times Argus Staff - Published: April 28, 2009
BARRE – A 54-year-old teacher at Twinfield Union School is accused of having sex with a 16-year-old female student, which became illegal on March 4 when the state's omnibus sex-crime bill was signed into law.
The age of consent in Vermont is 16, but a new provision in the sex-crime bill adds a condition that makes such an act a crime when it is committed by a person in a position of authority or supervision over a minor.
John V. Buttura of Waterbury, who has been an industrial arts teacher at Twinfield since 1997, allegedly had a consensual sexual relationship with one of his students starting in February. The relationship lasted until this weekend when the student's father confronted Buttura and his daughter at the school, according to court records.
On Saturday, the student left a friend's house and went to the school to meet with Buttura, according to the state police affidavit.
The friend's mother became concerned and called the student's father, police said. The father went to the school and confronted his daughter and the teacher, though he didn't find them having sexual relations, court records state.
State police trooper Brandon Doll was on patrol near the school and came upon a "potential altercation" between Buttura and the student's father, court records state. Doll separated the two men and learned of the accusations against Buttura.
Buttura was in Vermont District Court in Barre on Monday to face the charge of sexual exploitation of a minor.
He admitted to police that he had the sexual contact with a student, but he did not have the chance to enter a plea. Judge Brian Grearson removed himself from the proceeding due to a conflict of interest, and the arraignment was rescheduled for Wednesday when a different judge would be available.
"I've known Mr. Buttura's family for a number of years," Grearson said.
The state had not planned to seek bail, and Buttura was released on conditions. He declined to comment outside the courtroom.
Before the hearing ended, Buttura's attorney Jeffrey Wilson challenged probable cause in the case.
Buttura is accused of the felony version of the new crime, which means the state believes he abused his position of "authority, or supervision over the minor in order to engage in a sexual act…"
The misdemeanor version of the crime only requires that a person have the position of authority; it does not require that they abuse it.
Wilson argued there was no indication Buttura committed the felony version of the crime, which carries a potential sentence of five years in jail.
No ruling was made on the probable cause question, however, which will be addressed when the arraignment resumes.
The student told police she started confiding in Buttura earlier this school year when she would have problems at home with her parents, court records state. The student, a junior who has known Buttura since she was a freshman, became physically attracted to Buttura and told him so in February, the affidavit states. The sexual relationship began about a week after Valentine's Day and took place mostly at his house, she said. Buttura was initially hesitant, because of his marriage, but eventually he became willing to "cross the line," the student told police. Buttura told the student he would end the relationship if she ever wanted to, according to court papers.
Buttura gave her a cellular phone a month ago and would purchase minutes for her so she could call or send him text messages if she needed to talk or was considering running away from home, the student told police.
After the confrontation at the school on Saturday, police got a warrant to record a phone conversation with Buttura. Police had the student's father call Buttura, who apologized for having sex with the man's daughter, according to court records.
Buttura acknowledged that it was wrong in a written statement to police.
"I'm the teacher. It's wrong," he wrote, according to court papers.
Buttura was lodged on $10,000 bail at the Barre City Police Department after being arrested on Sunday.
Buttura's wife, Susan Buttura, was at the hearing Monday in support of her husband. She said they have been married for 32 years, adding she was sad about the whole affair
"I hope we can go back to our normal lives real soon," she said. "The sooner the better."
The school's harassment policy forbids the kind of conduct Buttura is accused of, said George Burlison, the Superintendent of Washington Northeast Supervisory Union. Buttura has been indefinitely suspended from school, Burlison said.
The school is doing its own investigation, said Burlison, which will take into account the information police gather. Once the school's investigation is complete, Burlison said he will be presented with the evidence and make a recommendation.
The safety of the students is the top priority, Burlison said, but he added that it was important that Buttura be afforded his "due process" rights. Those rights allow him a hearing in front of school officials where he can call witnesses and present evidence, said Burlison.
Buttura has never been disciplined by the school before, said Burlison.
"It's certainly not a pleasant thing to have to deal with, that's for sure," he said.
39