Provided Plea Agreement to
Sheppard Hill Teacher,
Amber S. Jennings
Learn more about
DA John J. Conte


September 13, 2005
Teacher sex case motion is denied - Constitutional argument
rejected
Gary V. Murray
,
Worcester Telegram & Gazette (MA)
WORCESTER - A judge has denied a motion to dismiss charges against a high school English teacher who allegedly had a consensual sexual relationship with a 16-year-old former student.
Amber S. Jennings, 31, a teacher at Shepherd Hill Regional High School in Dudley, is awaiting trial in Worcester Superior Court on charges of posing a minor in sexual conduct, posing a minor in a state of nudity and dissemination of obscene matter to a minor. The charges stem from allegations that Ms. Jennings allowed her former student to use a digital camera to record their sexual relations and that she and the 16-year-old took revealing photographs of themselves and sent them to each other over the Internet.
A hearing was held last month on a motion filed by Ms. Jennings' lawyer, Peter L. Ettenberg, seeking dismissal of the charges. Mr. Ettenberg maintained that the laws under which his client was charged were unconstitutional as applied to her because they violated her right to privacy. Mr. Ettenberg said it was "incongruous" that consensual sexual activity between his client and the 16-year-old would be lawful, but that videotaping the activity would not because the student was under 18.
Mr. Ettenberg also sought dismissal of the charges on grounds that Ms. Jennings was being selectively prosecuted.
Judge Kenneth J. Fishman denied the motion Wednesday.
In rejecting Ms. Jennings' constitutional challenge, Judge Fishman said she failed to meet her burden of showing that the laws in question were not rationally related to any legitimate government purpose. Citing case law, Judge Fishman said in his 10-page ruling that the state Legislature enacted the laws with the idea of protecting minors under the age of 18 from exploitation.
"It is clearly conceivable that the Legislature rationally determined that children under 18 years of age needed the Commonwealth's protection from sexual exploitation through print and film media, even though they are deemed mature enough at the age of 16 to engage in consensual sexual relations," the judge wrote.
Judge Fishman also rejected Ms. Jennings' "selective prosecution" argument, ruling that she failed to demonstrate "any discrimination or impropriety in the way this investigation was conducted or her prosecution."
August 12, 2005
Judge hears Jennings' request - Accused teacher wants charges dropped
Gary V. Murray, Worcester Telegram & Gazette (MA)
WORCESTER
- A high school English teacher who allegedly had a consensual sexual
relationship with a 16-year-old former student asked a judge yesterday to
dismiss related criminal charges against her.
Amber S. Jennings, 31, a teacher at Shepherd Hill Regional High School in Dudley, is awaiting trial in Worcester Superior Court on charges of posing a minor in sexual conduct, posing a minor in a state of nudity and disseminating obscene matter to a minor. Ms. Jennings, who was placed on administrative leave from her teaching job last August, is alleged to have allowed the student to videotape their sexual activities and to have taken photographs of herself in various sexual poses and sent them to the student via e-mail.
A hearing was held yesterday on the motions, which were taken under advisement by Judge Kenneth J. Fishman.
Ms. Jennings' lawyer, Peter L. Ettenberg, maintains that the statutes under which his client was charged are unconstitutional as applied to the facts of the case. The second of the two motions is based on a claim of "selective prosecution."
As part of his argument yesterday in support of the dismissal of the charges, Mr. Ettenberg referred to the student's testimony before a grand jury that it was his idea to make the videotape and that he did so after asking Ms. Jennings' permission.
"And the commonwealth claims there's exploitation ...There's no way that could be exploitation. There's no crime here. The court should not make a moral judgment," Mr. Ettenberg said.
The defense lawyer said it was "incongruous" that consensual sexual activity between his client and the 16-year-old student would be lawful, but that the videotaping of that activity would not because the student was under 18.
In his argument against dismissal, Assistant District Attorney Joseph J. Reilly III said simply allowing the videotaping of a person under the age of 18 involved in sexual conduct would be a violation of the law, regardless of whose idea it was.
"She was the person who was the adult," the prosecutor said.
Judge Fishman gave both lawyers until Aug. 22 to file supplemental briefs in the case.
August 10, 2005
DA defends porn charges against teacher
Gary V. Murray
,
Worcester Telegram & Gazette (MA)
WORCESTER - Citing state Supreme Judicial Court decisions in three Worcester cases to support their argument, prosecutors say criminal charges should stand against a Dudley teacher who allegedly engaged in a consensual sexual relationship with a 16-year-old student.
Amber S. Jennings, a 31-year-old English teacher at Shepherd Hill Regional High School in Dudley, is awaiting trial in Worcester Superior Court on charges of posing a minor in sexual conduct, posing a minor in a state of nudity and disseminating obscene material to a minor. The charges relate to allegations that during the course of their relationship, Ms. Jennings allowed the student to videotape acts of sexual intercourse between them and also provided him with photographic images of herself in various stages of undress.
Ms. Jennings, who was placed on administrative leave from her teaching job last August, has filed motions asking the court to dismiss the charges against her. A hearing on the motions is scheduled tomorrow.
Prosecutors in the office of District Attorney John J. Conte filed their written opposition to the dismissal requests Monday.
Ms. Jennings' lawyer, Peter L. Ettenberg, maintains in one of the two motions that the laws under which his client was charged are unconstitutional on their face and as applied to the facts of the case. Ms. Jennings contends that the statutes at issue violate her privacy rights because she could lawfully have sex with a 16-year-old, but could not legally record or photograph the consensual acts. Mr. Ettenberg described it as "a puzzling inconsistency in the law," demanding dismissal of the charges.
Prosecutors disagree. In their brief opposing the motion, Assistant District Attorney Joseph J. Reilly III and Assistant District Attorney Ellyn H. Lazar-Moore maintain that even if the sexual conduct alleged was consensual, the law provides that a person under the age of 18 is incapable of consenting to the videotaping of such acts.
"Furthermore, even if the sexual conduct at issue were consensual, the defendant has no constitutional right to privacy in the recording of those acts, which has been deemed illegal by the Commonwealth of Massachusetts," the prosecutors contend in their brief.
They cite the case of Commonwealth v. Judith Stowell, a Worcester case involving a woman charged with adultery who challenged the constitutionality of the law on grounds that it violated her right to privacy. In its 1983 decision, the Supreme Judicial Court upheld the constitutionality of the adultery statute, finding that there was "no fundamental personal privacy right implicit in the concept of ordered liberty" that barred the prosecution of consenting adults privately committing adultery.
"Here too, there is no `fundamental personal privacy right implicit in the concept of ordered liberty' barring one's prosecution for posing a child nude, and for causing a child to participate in sexual conduct for the purpose of representation or reproduction in visual material," Mr. Reilly and Ms. Lazar-Moore wrote.
The prosecutors cited SJC decisions in two other Worcester cases to support their contention that the laws in question should withstand constitutional challenges because they involve a "compelling State interest" in protecting children from exploitation.
Commonwealth v. Ronald D. Provost, a 1994 Worcester Superior Court case, involved a Catholic priest found guilty of posing a child in a state of nudity; the priest's conviction was affirmed by the state's highest court. Commonwealth v. Douglas Oakes involved a Shrewsbury man convicted of taking partially nude photos of his 14-year-old stepdaughter. The conviction was ultimately affirmed.
Ms. Jennings' second motion to dismiss raises a claim of "selective prosecution" based on the fact that she was charged, but the 16-year-old was not. In their written opposition, Mr. Reilly and Ms. Lazar-Moore said that motion should be denied because Ms. Jennings failed to present evidence raising "even a reasonable inference of impermissible discrimination" in the decision to prosecute her.
August 6, 2005
Teacher requests charges dropped - Case involves her relationship with student, 16
Gary V. Murray
,
Worcester Telegram & Gazette (MA)
WORCESTER - A high school English teacher who is accused of becoming involved in a consensual sexual relationship with a 16-year-old student is asking related criminal charges against her be dismissed.
Amber S. Jennings, a 31-year-old teacher at Shepherd Hill Regional High School in Dudley, is awaiting trial in Worcester Superior Court on charges of posing a minor in sexual conduct, posing a minor in a state of nudity and dissemination of matter harmful to minors.
The charges involve allegations that Ms. Jennings and the male student videotaped themselves with a digital camera having sexual relations and that the teacher took photographs of herself in various sexual poses and sent them to the student via e-mail, according to court documents.
Ms. Jennings, who was placed on administrative leave from her teaching job last August, was initially charged in Dudley District Court with inducing a minor to have sexual intercourse, but was not indicted on that charge when the case was presented to a grand jury.
Her lawyer, Peter L. Ettenberg, has filed motions asking the court to dismiss the charges that are pending against Ms. Jennings. A hearing on the dismissal requests is scheduled for Thursday.
In one of the motions, Mr. Ettenberg maintains the statutes under which his client was charged are unconstitutional on their face and as applied to Ms. Jennings.
In a legal brief in support of the motion, Mr. Ettenberg notes that the 16-year-old "has repeatedly stated that the relationship was consensual, that he never felt any pressure from Ms. Jennings, that no threats were ever made to him and that he never felt uncomfortable about anything he did with Ms. Jennings."
The brief points out that, because the student was 16, he and Ms. Jennings could legally engage in consensual sex, but because he was under the age of 18 "they could not photograph or record that intimacy under the law..." Mr. Ettenberg described it as "a puzzling inconsistency in the law.
"The commonwealth is basically taking conduct that is otherwise legal between these two individuals - consensual conduct, intended to be private, not for sale and not disseminated to anyone other than the parties - and are making it a crime simply because of the form it has taken. This is an arbitrary decision by the state and it intrudes on the individual right to privacy," Mr. Ettenberg argued in the brief.
While acknowledging the government has an interest in protecting children from sexual exploitation, Mr. Ettenberg maintains there was "no exploitation or manipulation of a child" in the relationship between Ms. Jennings and the student.
The second motion to dismiss is based on a claim of "selective prosecution."
Mr. Ettenberg charges in the motion that the student with whom his client became romantically involved could "arguably" have been charged with offenses that included adultery, dissemination or possession of obscene matter and unnatural and lascivious acts, but was not. He said the investigation that resulted in the charges against Ms. Jennings was launched only after the 16-year-old "apparently confided in his mother" after "being questioned by her about someone he was chatting with online."
The mother called a relative through marriage who was then a Dudley police officer for advice and was told "she needed to press charges against Ms. Jennings," according to Mr. Ettenberg.
The defense lawyer maintains that the investigation should have been turned over to the state police and that the failure to prosecute the 16-year-old was "deliberate." Mr. Ettenberg further alleges in the motion that his client "is being selectively prosecuted for her alleged involvement in the relationship because this is a highly publicized case drawing significant attention to the Dudley Police Department."
Assistant District Attorney Joseph J. Reilly III, who is prosecuting the case against Ms. Jennings, had not filed written opposition to the motions as of yesterday morning.
February 26, 2005
Sex charges vs. teacher changed to porno rap
KEVIN ROTHSTEIN,
Boston
Herald (MA)
New charges filed against a female teacher initially accused of having an affair with a 16-year-old student don't include allegations she had sex with the youth.
Dudley school teacher Amber Jennings, 31, was arraigned Thursday in Worcester Superior Court on charges of depicting a minor in sexual conduct, posing a minor in a state of nudity and dissemination of material harmful to minors.
The new charges stem from indictments handed up earlier this month by a Worcester County grand jury.
Jennings was originally charged in district court with engaging a chaste minor for sexual intercourse.
"She's not charged with any kind of sexual intercourse (now)," said Jennings' lawyer Peter Ettenberg. "They're just saying they did stuff they shouldn't have."
The former Shepherd Hill Regional High School teacher pleaded not guilty and was ordered by Superior Court Judge John S. McCann to have no contact with the alleged victim or his family, said Elizabeth Stammo, spokeswoman for Worcester District Attorney John Conte.
She was released on personal recognizance and is scheduled to return to court April 8.
When Jennings was arrested in December, police said she gave the youth pornography and had sex with him during an eight-month period beginning in November 2003.
February 25, 2005
Jennings arraigned on new charges - Teacher in student sex abuse case
Gary V. Murray,
Worcester
Telegram & Gazette (MA)
WORCESTER - Shepherd Hill Regional High School teacher Amber S. Jennings pleaded not guilty yesterday to charges of depicting a minor in sexual conduct, posing a minor in a state of nudity and dissemination of material harmful to minors.
The allegations, which are contained in indictments returned earlier this month by a Worcester County grand jury against the 31-year-old teacher at the Dudley school, involve a 16-year-old male student as the alleged victim. Before the indictments were handed up Feb. 11, Ms. Jennings, of 110 South Shore Drive, Sturbridge, had been charged in Dudley District Court with inducing the 16-year-old to have sexual intercourse and disseminating obscene material to him.
The grand jury action moved the case to Worcester Superior Court, where Ms. Jennings was arraigned yesterday on the new charges.
Judge John S. McCann released Ms. Jennings on personal recognizance and ordered as a condition of her release that she remain 100 yards away from the alleged victim and members of his family. The judge continued the case to April 8 as requested by Assistant District Attorney Joseph J. Reilly III and Ms. Jennings' lawyer, Peter L. Ettenberg.
The offenses to which Ms. Jennings pleaded not guilty yesterday are alleged to have occurred on various dates from Nov. 2, 2003, to June 30, 2004. Dudley police charged Ms. Jennings in July after an investigation spurred by a complaint from a relative of the student.
Ms. Jennings was placed on administrative leave from her teaching job in August.
"I think it's an unfortunate circumstance for all concerned and we're looking forward to our day in court," Mr. Ettenberg said after the arraignment.
Mr. Ettenberg said he had advised his client not to personally comment on the case
February 25, 2005
Teacher faces
3 new charges
By Gary V. Murray Telegram & Gazette Staff
WORCESTER— Shepherd Hill
Regional High School teacher Amber S. Jennings pleaded not guilty
yesterday to charges of depicting a minor in sexual conduct, posing
a minor in a state of nudity and dissemination of material harmful
to minors.
The allegations, which are contained in indictments returned earlier
this month by a Worcester County grand jury against the 31-year-old
teacher at the Dudley school, involve a 16-year-old male student as
the alleged victim. Before the indictments were handed up Feb. 11,
Ms. Jennings had been charged in Dudley District Court with inducing
the 16-year-old to have sexual intercourse and disseminating obscene
material to him.
The grand jury action moved the case to Worcester Superior Court,
where Ms. Jennings was arraigned yesterday on the new charges.
Judge John S. McCann released Ms. Jennings on personal recognizance
and ordered as a condition of her release that she remain 100 yards
away from the alleged victim and members of his family.
The judge continued the case to April 8 as requested by Assistant
District Attorney Joseph J. Reilly III and Ms. Jennings’ lawyer,
Peter L. Ettenberg.
The offenses to which Ms. Jennings pleaded not guilty yesterday are
alleged to have occurred on various dates from Nov. 2, 2003, to June
30, 2004.
Dudley police charged Ms. Jennings in July after an investigation
spurred by a complaint from a relative of the student.
Ms. Jennings was placed on administrative leave from her teaching
job in August.
“I think it’s an unfortunate circumstance for all concerned and
we’re looking forward to our day in court,” Mr. Ettenberg said after
the arraignment.
Mr. Ettenberg said he had advised his client not to personally
comment on the case.
Thursday, February 24, 2005
Dudley teacher to be
arraigned
TELEGRAM & GAZETTE STAFF
WORCESTER—
Shepherd Hill Regional High School teacher Amber S. Jennings is scheduled to be
arraigned today on charges of posing a minor in sexual conduct, posing a minor
in a state of nudity and dissemination of material harmful to minors.
A Worcester County grand jury returned the indictments against the 31-year-old
Ms. Jennings on Feb. 11. Ms. Jennings, who was placed on paid administrative
leave from her teaching job in Dudley in August, was previously charged in
Dudley District Court with inducing a 16-year-old male student to have sexual
intercourse and disseminating obscene materials to him. The indictments, which
involve the same alleged victim, move the case to Worcester Superior Court.
The offenses with which Ms. Jennings has been charged are alleged to have
occurred on various dates from Nov. 2, 2003, to June 30, 2004, in Dudley.
Dudley police charged Ms. Jennings in July after an
investigation prompted by a complaint from a relative of the student. Ms.
Jennings is represented by Worcester lawyer Peter L. Ettenberg. Assistant
District Attorney Joseph J. Reilly III has been assigned to prosecute the case.
December 10, 2004
DUDLEY—
The district attorney’s office is seeking a
grand jury indictment in the case against Shepherd Hill Regional
High School teacher Amber S. Jennings, 31, on charges she induced a
16-year-old male student to have intercourse and disseminated
obscene materials to him.
“It’s our intention to present the case to the grand jury,”
Assistant District Attorney Joseph Reilly told the court yesterday.
The next pretrial date was set for Jan. 27 in Dudley District Court.
Mr. Reilly, and defense lawyer Peter L. Ettenberg, who represents
Mrs. Jennings, informed the court in October that they were trying
to reach an agreement in the case. They told the court yesterday
their efforts had been unsuccessful.
The two lawyers told Judge Neil G. Snider there are allegations that
the stay-away order that the court issued to Mrs. Jennings has been
violated by contact or efforts at contact, directly or indirectly,
between Mrs. Jennings and the student with whom she allegedly had
sex.
Asked by Judge Snider if “both sides might have some culpability,”
Mr. Reilly answered, “Yes.”
Mr. Reilly told the court that witnesses, including the mother of
the student, were in court yesterday and were prepared to testify in
a hearing on alleged violations of the stay-away order, and that a
hearing would take about two hours. At the time, the courtroom, one
of two in the courthouse, was crowded with defendants from a
courthouse list of 158 cases waiting to be heard yesterday.
Judge Snider asked Mr. Ettenberg if he had spoken with Mrs. Jennings
about the seriousness of the stay-away order as a condition of being
released on personal recognizance.
“I have and I made it quite clear to her,” Mr. Ettenberg said.
Without explaining, he referred to “a situation” and said: “It’s not
as if she’s going to the door at 2 o’clock in the morning.”
“No contact is no contact even if there’s an allegation of contact
from the other side,” Mr. Reilly said.
Mrs. Jennings and her husband, Richard G. Jennings, were in the
hallway during initial courtroom discussions between the lawyers and
Judge Snider. The Jenningses had come into the courtroom earlier,
but all the seats and most of the wall space was taken.
At that time they had walked toward a wall where there was space for
two more people to stand. The alleged victim’s mother, stepfather
and one or two other family members were standing there, and the
Jenningses left the courtroom and waited in the hallway.
At Judge Snider’s request, Mr. Ettenberg brought Mrs. Jennings back
into the courtroom. She stood expressionless answering Judge
Snider’s questions. Wearing a black coat and slacks and a blue
blouse, she held a pocketbook in front of her with both hands at
first, then shifted it to one hand as she placed her other hand on a
rail.
“As a condition of her court release, she is not allowed to have any
contact,” Mr. Reilly told the court. “One of the allegations is she
has been in that neighborhood,” Mr. Reilly said, referring to the
alleged victim’s house.
“She has been on a neck of the road. There is no reason for her to
be there. I would ask for one mile,” Mr. Reilly said, referring to
increasing the distance in the stay-away order from 100 yards to one
mile. He described the road as a dead end.
Judge Snider declined to extend the order to one mile, but expanded
the order to include that Mrs. Jennings cannot be within 100 yards
of the alleged victim’s family.
Speaking directly to Mrs. Jennings, Judge Snider placed the
responsibility for avoiding the student and his family at her feet.
If you see them, he said, “You turn around and go the other way.”
Judge Snider told Mrs. Jennings that if she gets a telephone call
from someone she is not supposed to speak to, she should hang up.
“You also understand if this activity is in fact proven, it’s not
helping you,” Judge Snider told Mrs. Jennings. He said violations of
the stay-away order also could influence sentencing if she is found
guilty of inducing a minor to have sex and providing him with
obscene material.
If found guilty of both charges, Mrs. Jennings could be sentenced to
up to eight years in a state prison or up to five years in a jail or
house of correction. Conviction would require her to register as a
sex offender, which would disqualify her from working in a public
school system in this state and in some other states.
She was placed on paid administrative leave in August from her job
teaching at Shepherd Hill Regional High School. A long-term
substitute teacher has replaced her pending the outcome of the
criminal case and the school district’s investigation into the
accusations.
Dudley police brought the charges in Dudley District Court in July
of inducing a chaste person younger than 18 to have sexual
intercourse, and disseminating obscene material to a minor. The
charges resulted from an investigation by Dudley police after a
relative of the student named in the complaint contacted police. It
is not unusual for felony charges to be put before a grand jury
before bringing a suspect to trial. If indictments were issued, the
case would be transferred to Worcester Superior Court for trial.
Grand jury proceedings are closed to the public.
Mr. Ettenberg said after court that he and Mr. Reilly might still
reach an agreement, which would negate the need for the grand jury
process.
John Dignam of the Telegram & Gazette staff contributed to this
story. Jean Laquidara Hill can be reached at
jhill@telegram.com.
CØNTE2006.COM
