Jail term for former Willits teacher who had sex with student
Published: Tuesday, August 4, 2009 at 6:53 p.m.
Last Modified: Tuesday, August 4, 2009 at 6:53 p.m.
WILLITS — To the relief of many people packed into the courtroom on Tuesday, a former charter school teacher was sentenced to county jail rather than state prison for his sexual relationship with a student.
Most of 40 people in the Willits courtroom were there to support Clinton Douglas Smith, 38, who had pleaded guilty in April to having sex with a 15-year-old Willits Charter School student.
“He’s a wonderful guy,” said Yvonne Winter.
The supporters also included Smith’s family, teachers, and former students, including his victim, now 16.
During a private meeting toward the end of the four-hour sentencing hearing, the girl told Judge Clay Brennan that Smith was a good person and she did not want him to go to prison, her mother said.
Smith had faced a maximum four-year prison sentence following his guilty plea to having unlawful sex with a minor under the age of 16.
Brennan sentenced Smith on Tuesday to six months in the county jail and 36 months probation. He also ordered a four-year suspended prison sentence that could be imposed if Smith violates the terms of his probation. Brennan delayed deciding whether to require Brennan to register as a sex offender until the end of his probation.
During the sentencing hearing, a forensic psychologist testified that he is unlikely to re-offend.
“I determined he was not a pedophile and he was not predatory,” said Ukiah psychologist Kevin Kelly.
Smith became sexually involved with his student because he lacked the ability to set adequate boundaries and was somewhat naive and co-dependent, the psychologist said.
The weaknesses in Smith’s personality, combined with the personality of the teenager resulted in “a grievous mistake,” Kelly said.
Kelly said Smith had been able to avoid becoming entangled with students with crushes before his affair with the victim and was unlikely to repeat the mistake.
Nevertheless, Smith should not be allowed to teach or be alone with underage girls, he said.
Being able to set strong boundaries and keep them is crucial for teachers at a time when teens are becoming increasingly “sexualized,” Kelly said.
Smith’s attorney, Mark Kalina, asked Judge Brennan to also consider that Smith had confessed and that he is truly remorseful.
“I want to deeply and sincerely apologize for my wrong actions that hurt so many people,” Smith said at the beginning of Tuesday’s hearing.
Deputy District Attorney Dan McConnell said Smith was not always so apologetic and had, if only briefly, partly blamed the victim for his indiscretion.
Because of her age, the victim could not legally consent, he said. “Therefore she cannot be blamed in any way.”
“He was the one who made the encounters happen,” McConnell said.
Smith even resorted to using Viagra in order to continue having sex with the girl, he said.
The physical encounters began after Smith and the victim began playing Internet fantasy war games online, which led to private online chats, nudity and cybersex.
He had repeatedly told her that what was happening was wrong, but continued the behavior, McConnell said.
They had physical sex for the first time in September 2008, according to police reports.
Smith was wracked with guilt over the sexual conduct, Kalina said. And he was frequently physically ill and withdrawn, his father-in-law, Roger Hearn, told Judge Brennan.
Relieved that he was not going to prison, Smith’s supporters and family hugged after the hearing.
The teenager’s family was unhappy, but resigned. Her mother, Kristin Dooley, said she hopes Smith does something that lands him in prison, where he belongs.
“At least he’s serving time,” she said.
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