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Teacher pleads guilty in sex case

Risk of trial too great, woman's attorney says

Kevin Vaughan, Rocky Mountain News

Published April 25, 2007 at midnight

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FORT COLLINS - A former Brighton Charter High School teacher faces a 45-day jail term and five years of supervised probation after pleading guilty Tuesday to charges she had sexual contact with a 17-year-old student on a class trip last fall.

Carrie McCandless, who was fired from the school where her husband is principal, decided to accept an agreement with prosecutors because the risk of going to trial on charges of sexual assault on a child was too great, said her attorney, M. Trent Trani.

"The plea bargain was such that it was difficult to reject, given the possible consequences of a trial," Trani said.

Both in the courtroom and outside after the hearing, Trani said he disagreed with some of the "facts" set out in the agreement.

He said the suggestion that she subjected the teenager to unwanted sexual advances was "ridiculous" and that the reality was the boy fondled McCandless.

But, Trani said, if they had taken the case to trial they faced the risk that she could ultimately spend years in prison.

McCandless, who appeared in court accompanied by her husband, Chris McCandless, did not comment after the hearing.

The 30-year-old faced charges for two separate incidents - one last October at the YMCA of the Rockies near Estes Park in which she was accused of supplying whiskey to the 17-year-old and then having sexual contact with him, and a second in late January in which she allegedly placed a telephone call to the boy, a violation of her bail.

Judge James Hiatt scheduled sentencing for June 8.

In addition to the probation and two deferred sentences, McCandless agreed to a 45-day jail sentence as part of her plea deal.

Prosecutor Michael Pierson, in laying out the case during the hearing, said McCandless supplied liquor to two students on the trip she was supervising, consumed it with them, and that she and the 17-year-old boy fondled each other "over their clothes."

Trani told the judge that while he disagreed with the characterization of the events, his client wanted to plead guilty.

After the hearing, McCandless and her husband headed for the elevator. Asked about their relationship, Trani replied: "They're fine."

Teacher's deal

Carrie McCandless pleaded guilty to three separate charges:

• Unlawful sexual contact, a misdemeanor: Supervised probation for five years and registration as a sex offender for 10 years. In exchange for the plea, a charge of sexual assault on a child by a person in a position of trust was dismissed.

• Contributing to the delinquency of a minor, a misdemeanor: Four-year deferred sentence, meaning if she stays out of trouble that charge will be dismissed.

• Tampering with physical evidence, a felony: Two-year deferred sentence. In exchange for the plea, a charge of violating the conditions of her bail was dismissed.

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