"...Badami and co-counsel Ellen Valentick successfully argued to the judge that the affidavit used by a sheriff's investigators was obtained using false information and omitted other relevant facts..."
Who was the Sheriff's investigator on this? Obtained using FALSE information? Omitted RELEVANT facts? He/She should be FIRED. Period.
Joined: Mar 2008
Posts: 1
All charges against James Toland were dropped in court by the prosecution after the judge found that the investigating police officer - who had signed the original affidavit, which led to the search warrant - had acted with "reckless disregard for the truth." The investigator was found to have falsely reported a minor's testimony of a normal posture-adjustment in the course of a singing lesson as testimony of Toland's touching of genital areas and buttocks. Toland, an honorably-discharged veteran who served as an army medic in Vietnam and is disabled with spinal arthritis, had many supporters in the community including many parents of his minor students - about 50 supporters were present in court - and he is now free. He faces an uncertain future, however, as he taught for years at a number of public schools - without complaint - and now administrations may be wary of employing him regardless of his strong community support. Despite the judge's powerfully-worded ruling, the prosecution has characterized the investgation and prosecution as "ongoing."
Joined: Apr 2007
Posts: 7
After exploiting the kids and destroying Mr. Toland's sterling reputation, I hope they punish the 'authorities' who pushed this case way further than it should have ever gone....
Joined: Jul 2006
Posts: 37
Regardless of what really happened, we (the public) will only know what is printed and/or allowed to be disclosed in court. Sad either way, for the student, and the teacher. Something, somewhere, brought this about. We cannot decide and judge by what the paper prints and or what we hear in court. Sometimes the court cannot even disclose everything. Just sad all around.