Sentencing delayed for teacher convicted of molesting students

By VICTOR A. PATTON
MERCED SUN-STAR

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MERCED -- A Merced Superior Court judge Monday accepted a motion by defense attorneys to postpone sentencing until Jan. 29 for a former Golden Valley High School teacher convicted of child molestation.

Jesus Colmenero Rivera's attorneys, Woodrow Nichols and Mario DiSalvo, said a witness who is key to their plan to pursue a new trial is unavailable to tes-tify until later in January.

About a dozen members of the victims' families attended Monday's hearing, expressing frustration with Judge Ronald Hansen's decision to continue the sentencing.

A father of one of the victims, who asked to remain anonymous to protect his son's identity, said he had hoped the sentencing hearing would close the book on the case. "We waited three years, then they canceled one month so the judge could go on vacation. We allowed that. Now we have to wait another month on top of that?" the man said. "It's Christmas Eve and this is one of the worst days of my life. ... It's just sad."

Hansen also set Jan. 29 as a hearing date to address the defense's request to disclose the personal contact information of jurors in the case, based on its assertion that there was juror misconduct, which they believe should serve as a basis for a new trial.

Rivera's hands and feet were shackled during the hearing, and he was wearing a gray jailhouse jumpsuit. At the John Latorraca Correctional Facility, gray is reserved for inmates accused of sexual crimes.

One of Rivera's supporters yelled, "Merry Christmas, Chuy (his nickname)!" as he was led out of the courtroom.

Rivera was convicted on six of nine counts of child molestation in November, nearly four years after he was arrested by Merced police on charges of molesting five of his students.

DiSalvo and Nichols maintain Rivera is innocent. "There were four counts where he was in Stockton when they allegedly happened," Nichols said. "He had a perfect alibi. To me, that's evidence enough that this jury was not willing to consider any evidence that supported Mr. Ri-vera's claims of his innocence."

Prosecutor David Sandhaus told Hansen that he disagreed with the decision to continue the sentencing, saying the defense's motions were not filed in a timely manner.

"Basically, looking through the materials that they presented, they are just a rehash of things that the court has already dealt with," Sandhaus said to the judge. "There's victims here who have made plans to be here to address the court, and we should move ahead."

Sandhaus did not comment after Monday's hearing.

The jury found Rivera guilty on one felony count of oral copulation with a person under age 18 and four felony counts of lewd or lascivious acts on a 14- or 15-year-old child. He also was found guilty of a misdemeanor count of annoying or molesting a child for biting one of the victims on the toe.

Rivera worked at Golden Valley High School as a drama and Spanish teacher until January 2004, when a student reported abuse to school administrators and police. Four other students later came forward with more allegations. The victims were 14 to 17 years old when the crimes occurred in 2001 through 2004.

He faces a maximum of six years in prison and will have to register as a sex offender for the rest of his life.