The last time The Daily Caller checked in on alleged student-banging high school teacher Brianne Land Altice, her attorney was arguing that four criminal charges against her should be dismissed because she was victimized by a 16-year-old male student on an aggressive mission to bed her.
That was in June. Since then, things have gone from bad to worse for the 35-year-old Utah teacher. This week, a judge canceled Altice’s September trial date because prosecutors have filed additional charges against her, The Salt Lake Tribune reports.
A second student, age 17, has now come forward claiming that he engaged in sex — and oral sex — with Altice in 2013.
Like the first set of felony charges, the two new charges involve rape and forcible sodomy.
The case against Altice, 34, began in October 2013. At the time, she taught English at Davis High School in Kaysville, Utah.
The original charges stem from allegations that Altice had sex with the unidentified, then 16-year-old student on several occasions between January and September of 2013. The teen told police he had sex with the teacher at least three times. He also described for police the layout of the teacher’s home and the tattoos on her body.
In a failed motion to dismiss, Altice’s attorney, Edward Brass, argued that prosecutors had failed to demonstrate that Altice held a supervisory role over the student under Utah law.
“She never used her position as a teacher to gain some sort of advantage over him or exercise undue influence,” the lawyer said in court proceedings, according to local NBC affiliate KSL.
In fact, the defense attorney claimed, it was the other way around.
The teen lothario, Brass said, took advantage of Altice because she is a nice person and convinced her to have sex with him, despite her persistent refusals. (RELATED: Student-Banging Teacher Claims She Is A Victim Because Teen’s Sweet Talk WORE HER DOWN)
He somehow managed to skip other classes to sit in on hers without ever getting in trouble, he said. The young Don Juan also dropped love notes on her desk that said things like “If I was 18, would you date me?”
At some point, prosecutors say, “no” became “maybe,” and “maybe” became “yes,” and the pair smooched in Altice’s classroom then met in a church parking lot where they got busy in a car. There was also sex at the teacher’s home.
Altice was married at the time. She has a child.
Her husband initiated divorce proceedings in December. He has asked for custody of the couple’s child.
Altice’s lawyer, Brass, sought a new trial date so she can face a preliminary hearing concerning the latest round of charges.
The defense attorney has also argued that various admissions of guilt Altice has made should not be allowed at trial because she made the admissions when nearly a dozen police officers showed up at her house to grill her for four hours.
“Her statements were coerced and involuntary and were taken in violation of her so-called Miranda rights,” Brass contented in court documents obtained by the Tribune. “The evidence she provided was the product of that tainted statement.”
Altice remains free on $10,000 bail and has pleaded not guilty to all charges against her.