“The last thing we want is to try this case more than once,” Peeler said. “I believe I would be abusing my discretion if I denied this motion.”
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John Austin Hopkins, 25, of Springboro, faces three dozen charges related to 28 girls in his gym class at Clearcreek Elementary School in Springboro. He was indicted on June 17, after a lengthy investigation of the alleged classroom incidents from December 2018 to March 2019.
Hopkins is on an electronic monitor while on house arrest at his parents’ home. He is not allowed to be around children, including relatives during the holidays.
While agreeing to delay the trial, Peeler denied motions by Hopkins’ lawyers to order prosecutors to turn over more evidence specifying which alleged victim is being portrayed in hours of surveillance video from Hopkins’ classroom at Clearcreek Elementay School. The judge also denied a motion to try separately the 28 cases.
Peeler also declined to intervene as requested by the elder lawyer David Chicarelli after someone photographed Hopkins and his family and gestured obscenely at the lawyer when he objected.
The incident follows a hail of criticism after the younger lawyer David Chicarelli, who is also defending Hopkins, posted a picture of him on Santa’s lap the day after filing a motion suggesting Hopkins’ actions were “nothing more than any Santa Claus would do when a small child sits on their lap, especially if they are upset, crying or disturbed.”
The younger Chicarelli was silent at Tuesday’s hearing.
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While the criminal case is pending, a federal lawsuit filed against the school district, employees and Hopkins on behalf of some of the 88 families with chldren whose videos with Hopkins were presented to a grand jury is stalled.
“Our goal is to get this case over with for the sake of everyone involved,” Peeler said, while directing court officials to make sure not to schedule the trial during the Springboro school district spring break.
Peeler said a plea bargain might be reached, so “some of this can be spared,” but neither side indicated negotiations were ongoing.
In addition to the surveillance video, prosecutors could call some, if not all, of the alleged victims. Other evidence includes videos of forensic interviews done with each victim.
Police and other witnesses could also be called. On Tuesday, Assistant County Prosecutor Kevin Hardman said Hopkins’ statements to police could also be used in the trial.
In a written response and during court, prosecutors questioned the defense comparison of Hopkins’ actions to those of Santa Claus. Video evidence shows Hopkins putting his “bare hand up multiple children’s shirts,” a skirt, “nuzzling into the neck of several chidren” and “spreading several children’s legs to have the children straddle his crotch,” according to a prosecutors’ memorandum filed Monday.
While opposing the other motions, prosecutors deferred to the judge on delaying the trial.
The elder Chicarelli indicated he received video involving the final charge before the 11 a.m. hearing Tuesday. He indicated an expert had been hired to review interviews of the children by specialists with the county’s children assistance center.
He urged the judge to accept the defense motions to ensure Hopkins gets a fair trial.
“They are throwing spaghetti on the wall and seeing what wil stick,” Chicarelli said.
No other hearings are scheduled before the trial, now set to begin on March 9 and last for five days.
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