ALFRED, Maine — The attorney for Jill Lamontagne, the former Kennebunk High School teacher accused of sexually assaulting a student, is asking the judge to exclude photos of text messages from a cell phone at her upcoming trial.
In a motion filed in York County Superior Court, Lamontagne’s attorney Scott Gardner asked that the photos of the texts be excluded, calling their credibility into question.
A hearing on the motion is scheduled for June 11 at York Superior Court. Jury selection is set for July 17, with the trial slated to begin July 23.
The motion filed by Gardner asks the court to consider the “ease at which the identity of a text message sender can be manipulated; and the simplicity of deleting portions of a text message.”
Gardner’s motion also calls into question the timing of the delivery of the photos to Kennebunk Police, which he said was weeks later, and their credibility because he said they were taken by the victim’s mother.
Gardner also asserts in the motion that the text messages are not the “original writings” sought to be admitted and should be excluded at trial.
Lamontagne was indicted last fall on six counts of gross sexual assault, two counts of unlawful sexual contact and six counts of sexual abuse of a minor.
In a prior interview, Gardner said, “My client maintains her innocence because she is innocent. She’s saying ‘I didn’t do this’ and wants to prove it,” Gardner said. “She’s traumatized by these accusations and events. It’s been very, very difficult for her.”
The allegations against Lamontagne came to light last June when a protection from abuse order granted in Biddeford District Court ordered her to have no contact with the 17-year-old student. Lamontagne, who taught health at Kennebunk High School for five years, resigned from the position in September, prior to the start of the school year.
The court documents state Lamontagne engaged in sex acts a number of times with the student “in the classroom, in her car and at her house.” Documents state the student was admitted to Maine Medical Center in Portland last June for the ingestion of Tylenol, ibuprofen, cold medicine and Warfarin, a blood thinner. According to documents, the student revealed to his mother and a nurse at the hospital that he loved Lamontagne and he ingested the medications to attempt suicide.
It is a Class C felony punishable by up to five years in prison for a teacher to engage in sexual contact with someone under age 18 who is in their care.
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