Sex charges move forward for Smith

BY STACI WILSON

Charges in a case filed over one year ago alleging sexual misconduct against a former Montrose Area High School art teacher are finally moving forward in Susquehanna County Court.

Robert Smith, of Montrose, waived his preliminary hearing Wednesday, Nov. 2 in Montrose District Court.

Smith was charged Oct. 26, 2010 with a felony count of aggravated indecent assault and misdemeanor counts of corruption of minors, indecent assault and indecent exposure. He remains free on $10,000 unsecured bail.

The charges stem from the victim’s report to police alleging incidents that occurred about 20 years ago while she was a student in the school district. Smith retired from teaching in 2001.

The Times-Tribune does not release the identity of victims of sexual assault.

The case was delayed while both the prosecution and defense waited for a Pennsylvania Superior Court decision on a statute of limitations issue in a similar case involving another former Montrose Area teacher, Jeffrey Norris. Norris faces sexual assault and wiretapping charges inSusquehannaCountyfor allegedly having an affair with a 14-year-old student.

In August, the Superior Court ruled that a teacher is considered a public employee and therefore is subject to an extended statute of limitations on offenses.

An order was issued Oct. 27 by President Judge Kenneth Seamans granting District Attorney Jason Legg an additional 60 days to file a brief in opposition to Mr. Smith’s Sept 13 petition asking for a writ of habeas corpus.

Court documents note that on Sept. 16, the district attorney requested the continuance of the briefing schedule.

Legg noted in the request that there have been extensive negotiations regarding a potential plea deal in the case.

The district attorney also noted in the court document that, although issues remain that still need to be addressed, the two sides are close to reaching an acceptable plea agreement.

According to the police affidavit, the alleged victim came forward in May 2009 and said she had been molested by her art teacher on various occasions over the course of two years, with incidents beginning in late 1990.

The victim told police one incident occurred in the art room inMontroseAreaHigh School. Other incidents took place at the victim’s home and at the Smith residence, according to the affidavit.

The victim also said Smith sent her love letters, which were forwarded to police and entered into evidence, according to the affidavit.

Smith denied the former student’s allegations to police during an Oct. 19 interview at the Gibson barracks.

But, according to the affidavit, as the trooper related the victim’s stories, Smith said, “I may have gotten too close to this kid” and that the relationship went too far.

Smith also told police he had been consumed with the girl and that he had “fallen hard” for the student.