Boy says he cannot remember if he had sex with teacher
By BENITA Y. WILLIAMS - The Kansas City Star
Date: 07/10/01 22:15
A 15-year-old boy testified Tuesday that he could not remember having sex with his
middle-school teacher.
The juvenile, however, did acknowledge signing a police statement in which he said he and
Rachelle L. Hernandez did have sex. After that and other testimony, a Platte County
Circuit Court judge said there was probable cause for Hernandez to stand trial on four
counts of second-degree statutory rape and four counts of second-degree statutory sodomy.
Hernandez, 29, has repeatedly denied the allegations. She remained free Tuesday on a
$75,000 bond.
She is accused of having sex with the then 14-year-old while she was working as a learning
disabilities teacher at Plaza Middle School, 6501 N.W. 72nd St., in the Park Hill School
District in Kansas City, North.
The boy and his mother testified at the preliminary hearing Tuesday that Hernandez and her
husband helped the boy by letting him stay at their home, taking him to dinner and buying
him and his brother presents.
Several courtroom spectators wore white ribbons secured by gold apple pins in support of
Hernandez, who sat silently during the hearing. She later smiled slightly and hugged
family and friends.
Under questioning by Roseann Ketchmark, chief assistant prosecutor, and Hernandez's
lawyer, Pat Berrigan, the boy would neither admit nor deny having sex with his teacher or
telling anyone he did. He only said he did not remember.
"You don't remember having sexual relations with Rachelle Hernandez?" Berrigan
asked.
"I don't remember," the boy said. "I have a pretty bad memory."
Ketchmark later asked, "Are you saying it did not happen, or that you don't
remember?"
"I don't remember," the boy said.
In an interview, Berrigan said: "He doesn't remember, because it didn't happen. I
don't think any 15-year-old would forget he had sex with his teacher. It's hard for him to
say, `I lied.' "
The boy, however, testified that he did sign a police statement indicating sex acts took
place.
His mother also testified that he told her that he and Hernandez had sex between Aug. 1,
2000, and Feb. 1 at four Platte County hotels. The mother also said Hernandez admitted the
acts.
"She said they had sex," the mother said. "They sat on my couch and held
hands ... and she admitted it. Both said they would not stop seeing each other."
But Berrigan argued that the boy denied the allegations when questioned by a school
administrator. Berrigan also said the mother had hired lawyers to pursue a possible civil
lawsuit.
Hernandez will be arraigned Aug. 16. A trial date has not been set.
[EDITOR: Did the boy get tricked into the statement? Then lie to protect the teacher since he consented? Even though by law he was too young?]
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Added:
Dateline: Kansas--A 15-year-old Kansas City boy testified last Tuesday that he could not remember whether or not he had sex with his 29-year-old middle school teacher. Rachelle L. Hernandez currently stands accused of four counts of second-degree statutory rape and four counts of second-degree statutory sodomy in connection with the then 14-year-old student, whom she met at Plaza Middle School where she was employed. At a preliminary hearing last week, the unidentified boy admitted that he did previously sign a police statement indicating sex acts took place at four Platte County hotels between August 1 and February 1. However, under questioning by Roseann Ketchmark, chief assistant prosecutor, and Hernandez' lawyer Pat Berrigan, the boy would neither admit nor deny having sex with the teacher. While on the witness stand, the boy would only say that he could not recall whether or not he had slept with Hernandez. "I don't remember," the boy told the court. "I have a pretty bad memory."