Former West High counselor accused of having sex with girl ordered to stand trial on rape charges

Former West High counselor accused of having sex with girl ordered to stand trial on rape charges

Another reason for School Vouchers?

By Stephen HuntThe Salt Lake Tribune
Article Last Updated: 09/13/2007 02:54:58 PM MDT

Posted: 2:56 PM- A former West High School guidance counselor was ordered Thursday to stand trial for allegedly having a sexual relationship with a 14-year-old student, who still professes love for the man. Marco R. Herrera, 52, is charged in 3rd District Court with 10 sex-related crimes: three counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and five counts of second-degree forcible sexual abuse. Between April and June, Herrera had sexual intercourse with the girl at least three times and other sexual relations several other times, according to charging documents. The crimes would be less severe except that Herrera, as a school counselor, occupied a position of special trust in relation to the girl, according to prosecutors. Defense attorney Edward Brass claimed the evidence was sketchy as to whether Herrera was counseling the girl at the time of the alleged offenses. Prosecutor Bradley Knell countered that the girl met Herrera last November in his capacity as a counselor, and that some of the alleged crimes occurred at school. Judge Tyrone Medley noted that Herrera would "pink-slip" the girl to take her out of school, and that at least one episode of touching occurred at Herrera's school office. Brass unsuccessfully requested a reduction in Herrera's bail from $250,000 to $10,000. Brass claimed Herrera was neither a flight risk nor a danger to the community, if released from the Salt Lake County jail. He noted Herrera has a wife and two children, and this is the first time he has been charged with a crime. Before he was fired over the sex allegations, Herrera was a counselor at West High for 24 years. Brass asked the judge to consider that the girl initiated the sexual relationship and consented to "virtually everything that happened . . . There was no coercion." Brass also pointed to "conflicts" between the girl's testimony and what she told a police detective, including that some of her own allegations were untrue. But Medley said the girl was reluctant to testify because "of her desire not to see the defendant go to prison and the fact that she loves the defendant." The judge added that calling the girl a willing participant "borders on being ridiculous," in part because she was not legally able to consent because of her age. As for Herrera, the judge said he exercised "deceit, stealth, emotional and psychological domination and control" over the girl. For example, the judge said, Herrera had the girl fool her father as to her whereabouts by calling her father from the library. Herrera also had the girl forge her father's signature on school release forms, and he gave the girl a gift and talked about problems in his marriage, the judge said. The judge said Herrera's "totally inappropriate" conduct was evidence that he presents a danger to "young females in this community, be they students or not students." Herrera is to be arraigned Oct. 5 before Judge Deno Himonas. shunt@sltrib.com