A Stanislaus County Superior Court judge on Tuesday ruled there's enough evidence for a former rural school district administrator to stand trial on charges of sexually abusing two children.
Thomas Kevin Hart, 59, is accused of two counts of the continuous sexual abuse of a child younger than 14.
The Stanislaus County district attorney's office has since dropped one count of sexual penetration by force upon a child and one count of committing lewd and lascivious acts upon a child from Hart's charges.
Hart was the Valley Home Joint School District superintendent-principal when he was arrested July 6. The Valley Home school board placed Hart, who also is known as Kevin Hart, on unpaid compulsory leave in August.
The alleged victims in this case are children who did not attend Valley Home schools. The school board has since hired a new superintendent-principal.
The criminal complaint alleges that the abuse took place from Aug. 1, 2009, to June 17, 2011.
Testimony in Hart's preliminary hearing on Tuesday indicated that the acts were alleged to have occurred at Hart's Oakdale home as he was bathing the children, a girl and a boy, in a laundry room sink.
Before the judge's ruling, Patrick Clancy, Hart's defense attorney, argued that his client simply was cleaning fecal matter from the children's bodies.
"I don't believe there's any evidence of sexual intent," Clancy told the judge. "The incidents happened each and every time in the bath."
Deputy District Attorney Beth O'Hara Owen argued that a nurse, who is trained to conduct forensic exams of alleged sexual assault victims, found cuts and bruises on the children's bodies that indicate sexual abuse had occurred. She said Hart told an investigator he penetrated the children with a fingertip to clean them.
"I know not one parent who would penetrate with a fingertip to clean fecal matter … a wash cloth and water will do," the prosecutor told the judge. "I believe there's more than enough evidence."
Judge Valli Israels agreed with the prosecution, saying there was enough probable cause or strong suspicion that a crime occurred.
She scheduled Hart to return to court Feb. 21 for an arraignment hearing. The defendant remains free on $250,000 bail as he awaits his trial.
Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209) 578-2394.
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