The now-former kindergarten teacher busted for allegedly traumatizing a pair of male teen students with a threesome — and a few other male teen students with some more sex — has filed a motion in court arguing that a judge violated her constitutional rights by setting her bail at $600,000.
The teacher, Heather Lee Robertson, currently resides in the Angelina County Jail in Lufkin, Texas. She has been held there since she was arrested on April 22 and charged with four counts of improper relationship between educator and student. Two more counts have since been added, along with six counts of sexual assault of a child. All of the charges are second-degree felonies.
A judge has set Robertson’s bail at $600,000 for all of the charges.
In the motion to reduce the bail, Robertson’s criminal defense attorney, Scott Tatum, argues that the $600,000 amount is “excessive, oppressive, and beyond the financial means of Heather Robertson,” according to Lufkin ABC affiliate KTRE.
Robertson is “illegally confined and restrained” under the Eighth Amendment and the Fourteenth Amendments of the U.S. Constitution, the motion asserts.
Robertson, a 38-year-old mother of two daughters, taught until recently at a Texas school in the Hudson Independent School District, just west of Lufkin.
According to a school district police officer’s affidavit, Robertson and one of the students began their romance — the one which would culminate in the threesome — with some sexting and the requisite exchanges on Snapchat earlier this year. It was just after spring break. (RELATED: Kindergarten Teacher Traumatized Male Teens With Threesome And All Kinds Of Sex, Cops Say)
The teen student said Robertson asked him to come over to her apartment, the affidavit says, according to a previous KTRE report.
The student said he’d love to stop by but he was with a friend at the time. He asked if it would it be okay if the friend accompanied him to Robertson’s apartment. No problem, Robertson said, according to the student’s narration of events.
And so it was that the two male teens showed up at Robertson’s pad. She was lounging on the couch, vaping, the students told police.
After some small talk, the trio got down to business. Robertson invited the two students to her bedroom lair, both students told police. She stripped off her clothes. Then, the kindergarten teacher had a sex romp with both of the students simultaneously, the affidavit explains.
Four other male teen students have also told police they had a bunch of sex with Robertson — but not at the same time.
The officer who wrote the initial affidavit indicated that Robertson confessed to her bevy of sexual encounters with all four male teens.
She’s been drinking a lot recently and she doesn’t remember some of the encounters too well, she allegedly said
Also, Robertson’s husband filed for divorce three days before her first sexual encounter with a male teen allegedly occurred.
Overall, Robertson estimated that her sex spree with local male teenagers lasted from late 2016 through April 14, according to the initial affidavit.
The ages of four male teens are unclear.
The school where Robertson taught is also unclear.
The maximum penalty for the charges Robertson faces is 20 years in prison.
The Eighth Amendment to the U.S. Constitution specifically forbids courts from requiring criminal defendants to pay unfairly steep bail amounts. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” the amendment says.
The pertinent part of the Fourteenth Amendment prevents state courts from violating the rights enshrined in the federal Constitution.
Robertson’s defense attorney has asked the judge in the case, Paul White, to conduct an evidentiary hearing and to lower Robertson’s $600,000 bail to a “reasonable” amount, according to KTRE.
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