A former Miamisburg teacher indicted on charges of sexual battery and unlawful sexual conduct with a minor is seeking to have “all” grand jury testimony prepared for use at trial, which is set for April.
The attorney for Jessica Langford, 32, of Centerville, is requesting the secret proceedings be available for trial because their absence may “deprive the defendant of a fair adjudication of the allegations,” Montgomery County Common Pleas Court records state.
Langford faces trial the week of April 9, a judge said Monday. The former Miamisburg Middle School teacher, hired full-time by the district in 2008, appeared before Judge Timothy O’Connell for about one minute Monday and stood silent.
She was indicted Nov. 14 on three counts of sexual battery and three counts of unlawful sexual conduct with a minor. On Nov. 21, Langford pleaded not guilty to all counts and has remained free on conditional recognizance, court records show.
Citing an Ohio Supreme Court ruling, a request filed Dec. 6 by defense attorney Lawrence Greger states “the defendant has no right to inspect grand jury transcripts either before or during trail unless the ‘ends of justice require it and there is a showing by the defense that a particularized need for disclosure exists which outweighs the need for secrecy.’ ”
Citing the supreme court ruling, a “particularized need is established when the circumstances reveal a probability that ‘the failure to disclose the testimony will deprive the defendant if a fair adjudication of the allegations placed in issue by the witness’ trial testimony.’ ” the Dec. 6 filing states.
“The existence of a particularized need is a fact question to be determined by the trial judge, and the ultimate decision rests within the sound discretion of the court,” the request states.
Greger seeks “the transcripts of all grand jury witnesses and other exhibits testified to by those witnesses so that this court can determine, at trial, whether there are material inconsistencies between the trial testimony and the grand jury testimony…”
According to court records filed last week, Langford is accused of performing oral sex on and receiving oral sex from a teenage Miamisburg Middle School student in late May. Langford is also accused of having intercourse with the teen, those records said.
The document was a response to Langford’s request that prosecutors name her accuser and provide specific allegations she faces. The prosecutor’s office identifies the alleged victim only by initials.
The document states she twice performed oral sex, twice received oral sex, and twice had intercourse with the teen “on or about May 23.” That date is one day before school district officials said she resigned after being confronted with allegations involving inappropriate conduct with a student and placed on administrative leave.
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