Next hearing set for May 28
The former San Juan School teacher accused last year of many
felony molestation charges, along with other allegations of
inappropriately touching students, has accepted a plea deal on
lesser child-abuse accusations. But that agreement might be in
doubt because the prosecution is contending the defendant broke the
pact.
Joseph B. Hudson, 59, accepted the plea agreement in April with
San Benito County prosecutors. In it, he agreed to plead guilty to
six felony charges of child abuse. A prosecutor contended it
includes a stipulation, however, which allows the judge to rule
that the abuse was for sexual gratification, according to the
prosecution.
Next hearing set for May 28
The former San Juan School teacher accused last year of many felony molestation charges, along with other allegations of inappropriately touching students, has accepted a plea deal on lesser child-abuse accusations. But that agreement might be in doubt because the prosecution is contending the defendant broke the pact.
Joseph B. Hudson, 59, accepted the plea agreement in April with San Benito County prosecutors. In it, he agreed to plead guilty to six felony charges of child abuse. A prosecutor contended it includes a stipulation, however, which allows the judge to rule that the abuse was for sexual gratification, according to the prosecution. Hudson’s attorney, though, argued that the two sides never agreed to the so-called “West Plea” in question and he expressed confidence it will be resolved at the next hearing later this month.
Hudson has been charged with 18 counts of child molestation after six children accused the former teacher. After the plea deal was agreed upon, the original charges were dismissed to lesser child-abuse counts. In return, Hudson agreed to plead guilty.
Deputy District Attorney Patrick Palacios, who is overseeing the prosecution, alleged that Hudson’s side since the original agreement indicated he would not conform to a West Plea, which leaves open the possibility of a judge concluding the acts were for sexual gratification while possibly requiring the former teacher to register as a sex offender.
As Palacios explained, a West Plea is an admission that he agreed to the plea bargain – regardless if he was innocent – because it was a lesser charge. Hudson’s attorney, Lawrence Biegel, said that was not the case.
“What he pled to was creating some harm to the six children,” Biegel said. “I think it’s a semantic argument.”
The prospective sentencing for the longtime San Juan School teacher hit two delays to this point – the most recent two weeks ago – due to the discrepancy. It is now set for May 28, while Palacios noted how he has moved to withdraw his prior dismissal of certain charges that align with the plea agreement.
Palacios said Hudson’s attorney filed documents that the prosecutor believes invalidated the deal. Hudson’s attorney, Biegel, disagreed and said the defendant’s side will “live with” the judge’s decision whatever it might be.
“It’s not a West Plea,” said Biegel, who has filed additional documents clarifying Hudson’s position. “We made it very, very, very clear – it’s not a West Plea.”
Biegel acknowledged that despite his client’s contention there was no sexual gratification involved, the possibility remains that Sanders could require Hudson to register as a sex offender. Biegel did note how Hudson has an alcohol problem, but said it is “not something that relates to” the touching allegations.
With a plea deal, Hudson still would face potential prison exposure, but not nearly to the level he could experience by going to trial. If found guilty at trial, Hudson could face a prison term of many years to life in prison, noted Palacios. For each child-abuse count in the plea deal, Hudson faces the possibility of one year in county jail or up to six years in prison, according to the penal code.
Palacios said he hopes to still resolve the matter before a trial occurs. On May 28, Judge Steven Sanders might decide to sentence Hudson, or the prosecution might convince Sanders to put it off due to the disagreement on the plea, Palacios said.
