Ex-Daniel Boone High School shop teacher seeks disciplinary records in sexual battery case
Oct 2, 2012 at 10:26 AM
The attorney for a former Washington County shop teacher accused of touching a female student inappropriately asked a judge Monday to order the school system to turn over any disciplinary reports of students the state will call as witnesses.
Estel Kiser, 64, of Elizabethton, is charged with sexual battery by an authority figure. He left his job at Daniel Boone High School in December 2010 after a female student claimed he put his hand up her shirt during class.
According to court records, it happened Dec. 9 during shop class where Kiser taught plumbing. At least one other student, a friend of the girl’s, said he saw the incident, according to the court file.
Attorney Matt Bolton filed a motion to get contact information for the parent or guardian of every student in that class, but Judge Jon Kerry Blackwood denied that request.
Blackwood did grant Bolton’s request for that information on any witness state prosecutors intend to use in the case and he said the school system must provide any disciplinary reports on potential student witnesses.
Blackwood held off on a ruling on a motion Bolton filed to keep the state from presenting any evidence that Kiser supplied cigarettes to the girl on occasion.
Bolton argued that “whether or not he gave her cigarettes” does not relate to the sexual battery charge.
Assistant District Attorney Kelly McCoy argued that the state’s evidence would show that Kiser did provide cigarettes to the girl on more than one occasion and “it goes to his inappropriate familiarity” with the girl.
Blackwood said before that evidence can be presented to a jury, he will hold a hearing without a jury present to determine if the charged crime is closely related to the allegation of providing cigarettes to the girl.
Blackwood said he will decided after hearing the evidence if “it can be construed as a mode or method to access the child.”
Blackwood set the case for trial Oct. 31. Kiser is free on a $15,000 bond.