Judge warns teacher accused of rape

By Jim Haley

Herald Writer

A female schoolteacher accused of raping and molesting two teen-age boys must be chaperoned by her mother-in-law or father-in-law whenever she leaves the house, a judge ruled Tuesday.

In fact, Snohomish County Superior Court Judge Kenneth Cowsert came within a whisker of throwing Susan G. Lemery, 37, into jail for violating a court order barring contact with state witnesses who might testify against her.

She is charged with two counts of third-degree child rape and one count of third-degree child molestation for alleged sexual contact with two 14-year-old boys from Marysville who are friends of her son.

Lemery was a popular second-grade teacher in the Mukilteo School District. None of the charges stem from activities with her students. She is on paid leave while the charges are pending.

Deputy prosecutor Lisa Paul asked the court to withdraw $75,000 bail and have Lemery taken into custody because of an Internet communication she had in late October with a witness against her. She had been ordered not to communicate with witnesses.

Such communications could influence what a witness might say later and hurt the prosecution’s case, Paul told Cowsert. The judge agreed.

"Do you want to go to jail?" Cowsert asked Lemery in a stern admonition. "You are very, very close."

Besides constant chaperoning, Cowsert ordered:

  • Elimination of all Internet use at the Lemery household.

  • Lemery to stay away from any school grounds or school functions.

  • Lemery not to attend any function where state witnesses are present.

    Paul filed an eight-page memorandum outlining several instances where she alleged Lemery violated previous court orders not to contact witnesses. She noted that this was the second time the state has brought Lemery to court for similar violations.

    Defense attorney David Allen argued there are explanations for most of the issues raised by Paul.

    But on either Oct. 29 or 30, Paul told Cowsert that a young female witness was communicating with Lemery’s 10-year-old daughter via computer and instant messaging. Lemery’s daughter wrote: "If we win this trial, we can start hanging out again," Paul said in court papers.

    During the session, the defendant got online and said: "This is mom. I know I’m not supposed to be talking to you. I just wanted to tell you that I love you and I miss you, and someday this will all be over and I can see you again. You just take it easy," papers said.

    Paul said the prohibited contact had a negative effect on the witness, who told police Lemery "was like a mom to me," according to Paul’s memorandum.

    In other matters pertaining to the case, the trial date was pushed back to Feb. 4. A delay is necessary partly because of the likelihood Allen will have tests in an attempt to counter genetic evidence from a semen stain found on the comforter of Lemery’s bed.

    Also, the prosecution is still working with an expert to retrieve deleted e-mail messages from Lemery’s computer. It’s likely Allen also will want to get his own expert to examine the computer, he said.

    Cowsert said he may allow the state to compel Dan Lemery, the defendant’s husband, to testify against his wife because of an exception under the marital privilege law in cases where children’s welfare is concerned.

    You can call Herald Writer Jim Haley at 425-339-3447 or send e-mail to

    haley@heraldnet.com.

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