Monday, Dec. 08, 2008

Judge says ex-Pitman teacher can have contact with now-adult victim

Former Pitman High math teacher Carl Troy Kubicek can legally contact the adult woman he'd had sex with as an underage student, but a judge added an extra two months to his jail sentence today for violating an order that he stay away from his victim.

Kubicek must report to Stanislaus County Jail in one week to begin a nine-month sentence for two felony sex counts with the then 17-year-old girl, said Stanislaus County Superior Court Judge John G. Whiteside.

The victim, known as Jane Doe in court, wrote a letter to Whiteside asking for the stay-away order be lifted so they could contact one another.

County probation officers arrested Kubicek, 36, last month after Modesto police found him and the now-18-year-old girl in a Honda Civic near Coleman Brown Park.

"The defendant and Jane Doe can contact each other if they so desire," Whiteside said.

Outside the courtroom, the victim's mother was in tears.

"(Kubicek) just needs to stop and put his children first," she said.

"How can you live with yourself?" she yelled at defense attorney Frank Carson as he walked across the hall.

Carson told the court that Kubicek's marriage is "kaput" and in the divorce courts.

"There's no danger whatsoever, these are consenting adults at every level," Carson said.

Deputy District Attorney Annette Rees said the no-contact order was a chance for both people, especially Jane Doe, to have distance and a "cooling off period."

"I don't think (Kubicek) has any remorse," Rees told the court. "I think he has manipulated anyone and everyone to stay out of jail."

Carson accused prosecutors of turning the case into a "circus" and a "cause célèbre" before he began hurling accusations at the victim's parents, who spoke against Kubicek at his sentencing.

"Her life is in crisis, he was consoling her," Carson said of the November meeting at the park. "They're meeting openly, notoriously at her request."

Kubicek was sentenced to seven months in jail last month for having sex more than two dozen times with the then-17-year-old Turlock student in his classroom and at her house.

Whiteside then ordered Kubicek to stay away from the victim until his jail sentence and three-year probation were complete.

Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337.