Former teacher wants charges thrown out
BURLINGTON, Vt. --A former Burlington teacher charged with lewd and lascivious conduct with a 13-year-old boy and possessing child pornography is seeking to have the charges dismissed.
A lawyer for Jeffrey Buehner, 67, of Winooski, says the case lacks evidence.
Buehner, who taught in Burlington's elementary and middle schools for 30 years and was the state teacher of the year in 1975 before becoming a private tutor, is accused of kissing the boy while tutoring him between 2003 and 2005.
Police also found photos of nude children in envelopes postmarked from 1968 and 1970 in the ex-teacher's apartment, according to court papers.
Buehner pleaded not guilty to the charges in February.
Defense attorney Bradley Stetler has filed a motion questioning Buehner's intent.
For a lewd and lascivious conduct charge a person must act "with the intent of appealing" to a person's "sexual desires," which Buehner wasn't doing, Stetler said.
Prosecutors have evidence showing Buehner kissed the boy during nearly every tutoring session, sometimes with an open mouth, but there was not any sexual behavior or talk, Stetler wrote in the motion.
"There was kissing. While this conduct may be regarded as wrong or contrary to the common morality, the state must also show in a criminal case that it was done with the specific intent to appeal to Mr. Buehner's sexual desires," the motion reads.
"It is not easy to grasp the concept that an immoral act is not the same thing as an act appealing to sexual desire. But there is no case anywhere that states that repeatedly kissing a child (even with an open mouth) is a criminal act."
Stetler also argues that the child pornography charges should be thrown out because Buehner didn't "knowingly possess" illegal photos.
The photos were included in advertisements sent to Buehner nearly 40 years ago and he had forgotten them when they were found under a dresser, Stetler wrote.
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Information from: The Burlington Free Press, http://www.burlingtonfreepress.com
