Teacher denies having felony sex
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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 |
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By Thatcher Moats Times Argus Staff - Published: April 30, 2009
BARRE – A Twinfield Union School teacher pleaded innocent Wednesday to a felony count of sexually exploiting a minor after a failed effort by his attorney to challenge probable cause in the case.
John V. Buttura, a 54-year-old Waterbury resident, was in Vermont District Court in Barre for the second time this week after being arrested Sunday for allegedly having consensual sex with a 16-year-old female student.
The state's first attempt to arraign Buttura was cut short Monday when Judge Brian Grearson recused himself from the case due to a conflict of interest.
When the arraignment resumed Wednesday, Buttura's attorney Maggie Vincent asked the new judge, Thomas Devine, to rule that there was not enough evidence to charge Buttura with a felony.
The sexual exploitation of a minor statute, which has existed only since March, allows charges to be brought as a felony or a misdemeanor. The felony crime requires a person in a position of power to have abused that authority to engage in the sexual act with a minor, while the misdemeanor does not require the element of abuse of authority.
Vincent, who was sitting in for Buttura's lawyer Kerry DeWolfe, argued that investigators did not present evidence to show that Buttura abused his authority to coerce the student to have sex with him. "That's the element that's absolutely missing," Vincent said.
The classic example of the kind of abuse Vincent believes the law requires is a teacher who gives higher grades in exchange for sexual favors, Vincent said.
Judge Devine sided with Washington County State's Attorney Tom Kelly and allowed the felony charge to stand.
Going paragraph by paragraph through the police affidavit, Devine highlighted the evidence pointing to Buttura's alleged abuse of authority.
The act is said to have occurred on school grounds, which Devine said "does seem relevant to the court."
In addition, Buttura gave the student a cell phone and purchased minutes for her so she could call him or send text messages, according to the affidavit.
"That struck the court as going … beyond a normal student-teacher relationship," said Devine.
And during a recorded conversation, Buttura said his room at the school was a "place of solace" for the 16-year-old student, police said.
"All of this points to exploitation …" Devine said.
Despite his ruling, Devine acknowledged that the new law was untested and welcomed further written motions on the matter.
For Buttura, the difference between the felony and the misdemeanor crime could be significant: The felony carries a maximum of five years in jail, while the misdemeanor carries a maximum of one year.
Buttura's relationship with the student would not have been illegal if state lawmakers hadn't passed a sex-crime bill in March that included the exploitation law. That legislation was crafted in the wake of the high-profile rape and murder last summer of Brooke Bennett, a 12-year-old Braintree girl, and made broad changes to how the state deals with sex offenders.
Buttura, who has worked at the school in Marshfield for 12 years and has a clean disciplinary record, has been suspended from his job indefinitely, according to a school official.
His alleged relationship with the student is said to have lasted about two months, and came to light Saturday when the student's father confronted his daughter and Buttura at the school.
The state did not seek bail for Buttura, who was released on conditions, including that he have no contact with the student.
Buttura declined to talk to members of the media outside the courtroom.
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