The 2002 child rape convictions of a Snohomish County teacher were upheld this week by the state Court of Appeals.
Susan Lemery, 40, who worked as a grade-school teacher in Mukilteo, was sentenced to five years in prison for having sex with a 14-year-old friend of her son in her Marysville home.
She was convicted of three counts of third-degree child rape and two counts of third-degree child molestation in connection with contact with one boy. A jury could not decide unanimously on molestation charges involving a second boy, also 14.
Among other things, Lemery complained in the appeal that the counts against the two victims should have been tried separately. She argued before her trial putting them together would lead the jury to believe "that she had a propensity to commit sexual offenses against 14-year-old boys," according to the opinion.
Snohomish County Superior Court Judge Ellen Fair decided to try the charges involving both boys at once, and the appeals court said she was right.
In addition, a "lack of conviction on the count related to (one of the boys) reflects the jury’s ability to assess each count separately," the opinion says.
Lemery’s appeal also charged deputy prosecutor Lisa Paul with several instances of misconduct during the trial, but the three-judge panel said the prosecutor acted properly.
On Thursday, Paul said she had expected the conviction to be upheld. She said she didn’t have a particular reaction to the decision, but is grateful the case came to light thanks to a lot of people who saw conduct that caused suspicion.
"This was a situation where people saw things they were concerned about, and they didn’t turn the other way," Paul said. "We see plenty of situations where people turn away and kids keep getting abused as a result. It didn’t happen here."
To a great extent, the case came down to convincing testimony by one of the victims, Paul said.
At the time she was charged, Lemery was a well-liked second-grade teacher. She will never be able to teach again, and will have to register as a sex offender when she’s released.
At her trial, she steadfastly denied inappropriate sexual contact with the victims. But the state brought in DNA experts to testify that samples taken from Lemery’s bed contained a mixture of genetic material from her and one of the victims.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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