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FeedThe Education of Mr. J.
Thad Jesperson, jailed for nearly four years on molestation charges that spanned three trials before an appeals court threw out his convictions, now faces the sentence he believes he’s always deserved: freedom
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THE YOUNG THUG’S SHAVED SKULL bore a tattoo of a gargoyle holding the severed head of Jesus. He approached in slow motion, swinging his head side to side, muttering expletives. His target, Thad Jesperson, sat motionless in a corner of the jail cell reserved for snitches, gays and child molesters. The ex-teacher’s eyes were wide with terror, his ears ringing with screams from adjoining cells: “Get him! Kill him!” His nightmare—that he would not get back home safely to his family—was playing out.
The kid growled something about “Chester,” jail slang for a child molester—the worst label for an inmate. He kept coming.
Jesperson, a devout Christian and pacifist, realized that in the next moment he had to somehow convince this advancing, irrational force of something Jesperson and his attorney had failed to make clear to jurors: that he was not a molester; that he had never harmed a child.
Now others lined up, awaiting turns to impress the cheering section. Hyper-alert, Jesperson saw from the way the kid was balanced that he would swing with his right, a shot straight to the face.
Thad Jesperson knew in his heart he didn’t belong behind bars. But he had no choice now except to deal with it.
KIDS, PARENTS AND TEACHERS at William P. Toler Elementary School in Clairemont Mesa knew Jesperson as Mr. J, a fond moniker for a man many described as an immensely popular, innovative teacher. Toler was small, a few hundred students, about a third of them Hispanics bused in from the South Bay.
When first questioned, each of the girls who would later accuse him denied Mr. J had touched them inappropriately. But after repeated questioning by police detectives, parents, social workers, district attorney’s investigators and other students, the girls’ stories changed. Experienced molestation interviewers say that turnabout is not uncommon.
Concern among Toler parents was spurred by letters sent home saying a teacher was suspected of molesting students. The letters urged parents to question their children, a red flag to many child-abuse experts. In high-profile false-accusation cases a generation ago, badgering by parents and misguided therapists led to fantastic stories by youngsters of not only sexual abuse but also blood rituals and animal sacrifice in classrooms. The notorious Dale Akiki prosecution in San Diego and the McMartin Preschool case in suburban Los Angeles were two of the more famous among at least 100 such “witch hunt” prosecutions across America.
San Diego District Attorney Bonnie Dumanis vigorously defends the decision to prosecute Jesperson. She says lessons learned from the phony case against Akiki provided safeguards against false allegations in the investigation at Toler Elementary School.
Dumanis says the Jesperson case was vetted by a panel of experienced prosecutors. Her team decided the girls’ statements were strong enough to convince jurors of guilt beyond a reasonable doubt. The prosecution’s ultimate success on that score was decidedly mixed, however.
As prosecutor Tracy Prior, an 11-year veteran in the Family Protection Division, told the court, the “entire case rides on the backs of 9- and 10-year-olds.” There was no corroborating evidence, and there were no independent witnesses against Jesperson. The issue of suggestibility played a prominent role at trial.
At the time of his arrest in April 2003, Jesperson had no criminal record. The defendant, who has a master’s degree in education, came relatively late to teaching. Born in San Diego in 1964, Jesperson spent two years in South America (starting at age 20) as part of a mission with the Mormon Church. For five years, until he was 28, Jesperson owned a carpet-cleaning business. Then he decided to enter the classroom.
Married for 20 years, Sydney and Thad Jesperson have two sons and two daughters. The four kids, who range in age from 11 to 19, passed a number of significant milestones while their father was behind bars; Jesperson participated as best he could over a prison phone line and by mail.
The genesis of most of the accusations, according to court documents, came on a December day in 2002, after Jesperson walked past and said hello to five girls gathered in the schoolyard.
“Third graders Michelle, Kelcey, Dreanna, Renee and Vanessa were talking when one of the girls mentioned that [Jesperson] had touched her leg and back the previous year and that it felt ‘uncomfortable,’ ” is how one court brief put it. “Kelcey said [Jesperson] had touched her shoulder. Vanessa, who was never in any of [Jesperson’s] classes and made no accusations, testified she told the girls that such touching was ‘child molesting.’ ” She’d learned about it “on a TV program called Law and Order. ”
Michelle reported the conversation to her mother, who does not speak English. The distraught mother sought out a woman at school whom many Hispanic parents considered to be a counselor. In fact, Nellie Goodwin was the “bus lady,” a part-time employee who shepherded kids from buses and helped supervise at recess.
When Michelle’s mother told Goodwin her daughter talked with friends about Jesperson touching them, Goodwin responded: “This is not the first time we’ve had a report about this teacher. I don’t know why he is even here; he is not a good teacher.” Then Goodwin started crying and told the mother not to repeat what she had said. Goodwin, according to court testimony, said she would look into the matter; the mother would be called by the end of the day. When that call didn’t come, Michelle’s mother called San Diego Police.
Kimberly Newbold was assigned to the case. The young detective decided to interview only the girls who had been in Jesperson’s class because, she later testified, “I was looking for victims.” Despite the girls’ initial denials about “bad touching,” the questioning did not stop.
MOLESTATION ACCUSATIONS emerged and evolved through Jesperson’s preliminary hearing and his trials. They included that he rubbed girls on their thighs and backsides during reading sessions in front of the class.
Most of the alleged fondling was done through their clothing, the girls testified. But some eventually said he pulled down their underwear, or removed their “nylons,” in order to touch their “private parts.” There was no allegation of penetration, rape, oral sex or any type of act more serious than fondling.
The abuse was alleged to have occurred in a busy classroom where teachers, school staff and parents came and went freely, often to use computers. During much of the period in question, an aide to an autistic student was present in Jesperson’s class; neither she nor any other adult ever saw him inappropriately touch a child. Classroom doors and blinds were open, according to testimony, and Jesperson commonly sat in plain view at the front of the class, usually next to students he was helping learn to read.
Jesperson and his trial attorney, Robert Boyce, said the idea that a molester would choose such a setting for his crimes made no sense. But D.A. Dumanis said a molester might well operate in plain sight in order to later make that argument.
The fact that no pornography was found on the ex-teacher’s school and personal computers was an example of the prosecution trying to turn something positive for the defense into a liability, according to Jesperson’s attorneys. Prosecutor Prior emphasized to jurors that a school colleague of Jesperson’s had erased personal files and e-mail from the hard drive of Jesperson’s work computer after he was arrested and fired. “And it’s [pornography] gone forever,” Prior said in a closing argument. “There is no child pornography . . . We would never have known, because it’s now gone forever.”
But Jesperson’s lawyers noted it was routine to erase school computer files once an employee leaves. Besides, FBI investigators were able to restore 90 percent of Jesperson’s school hard drive (his home computer had not been erased), and no pornography of any kind was found.
JESPERSON BELIEVES now the case against him was the result of two basic dynamics: the bruised feelings of a few girls from his previous second-grade class, and the bruised ego of Nellie Goodwin.
Prior to the 2002-03 school year, Jesperson had been assigned to teach the GATE (Gifted and Talented Education) third-grade class, for which students must pass an aptitude test. Some of his second-grade students, including Michelle, who made the original molestation allegation (and who had not qualified for the GATE class), approached Jesperson again and again on the playground, pleading to be in his class.
Several Toler staff members testified they had seen the girls constantly pestering Jesperson. One day late in the fall, Jesperson said, he felt especially awkward because the girls were “begging to be in my class” as he was standing next to the teacher whose class they were in.
“In what I thought was a rather stern demeanor, she said to them, ‘Don’t you get it? You can’t be in his class.’ And she said something along the lines of ‘He doesn’t want you in his class.’ It made me feel very uncomfortable; I did not want to hurt their feelings,” Jesperson said. “By the same token, it was a relief. After that, suddenly they were no longer coming up and bothering me.”
Then, at a Christmas assembly, Jesperson was asked to pass out about 20 jingle bells among more than 80 kids. Michelle was skipped over, he said, and was clearly angry. From then on, Jesperson said, her demeanor toward him changed.
“Her body language in the hallway said, ‘I don’t like you anymore.’ ” He recalls the day he said hello while walking past Michelle and the other girls. “It was clear something bizarre was happening. I saw them looking at me and whispering, and I remember thinking, ‘That can’t be good, whatever is going on there.’ ”
Jesperson, who says, “My heart goes out to those parents,” noted that when Michelle’s mother sought counsel from Goodwin, the schoolyard aide was apparently primed to disparage him. “During one of the first meetings after I came to the school [in 1998], long before any of this came about, the principal asked me to translate for the benefit of Spanish-speaking parents and kids,” he says. “I’m going around the halls speaking Spanish to these children. For me, it was one more way to interact and make my job fun.”
Translating for the principal? Interacting with Spanish-speaking parents and students? That’s what Goodwin did.
“It seems,” Jesperson says, “that I had encroached on Nellie Goodwin’s world.”
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Reader Comments:
I lived next door to a man accused of child molestation. Mr. J's story so closely parallel's my friend's story that I felt as though I was reading about him, not Thad Jesperson. Four years of hell for him, his family and friends, and three trials later, he was finally convicted of a crime he DID NOT commit. 15 years to life! Isn't it strange that two different men, living in two different counties, with, of course, two different D.A.'s have such similar stories? Makes me feel sure that there are more innocent people out there who have been convicted by over zealous District Attorney's.
My friend is still in prison, still appealing, and, again, like Mr. J, he is relying on his faith in God, love and support of his family and friends to see him through this ordeal
We pray for the truth to set him free soon as it did with Mr. J.
Thank you to the author for writing this story and to the editor for seeing that it was printed and helping bring this situation to the attention of the public.
GlendaGM
I am a friend of the Jesperson's and a daughter of a man also wrongfully imprisoned. In today's climate, it has become increasingly popular to constantly victimize everything. Everyone is out to get everyone else. I am in no way detracting the truth away from any surivors of crime but INNOCENT men like Thad Jesperson and my father are living in prison for crimes they did not committ because of the "witch hunt" vendetta that occurs in the court room.
I don't think people understand how easy it is for any child to say they experienced "bad touching" and a man's life can be ruined. For whatever reasons, our children are hyper-vigilante to crime and molestation. I only ask that people become aware to this pandemic of false accusations. It only takes one childs false testimony and a man's life is easily ruined.
Mr. J and family are the most genuine people I have ever met, I am so blessed to know them, and it is through my family's faith in God that we pray my father experiences that freedom one day too.
I hope it makes people wonder who the real victims are when they read something like this.
My brother in law was also falsely accused and prosecuted by a single minded DA. It is all about winning for them not about justice, or right and wrong.
In a case that is very similar to Mr J's...suggestability, the spawned ego of a young girl, and a rumor campaign driven by the fears of over reactive parents combined to create the perfect storm. The first reaction anyone ever has to allegations reagrding child molestation are ones of "guilty". The child must be the victim, how could it be any other way. This case and many more besides are proof that countless innocent men are behind bars today for crimes they simply did not commit. They and their families are the real victims.
It is a pain many of us will never know to have your children grow up without you, your wife try and bring normalcy to their life and to face each day with the knowledge that you are innocent but facing life in prison. Freedom is a right for every man, woman or child who obeys the rules of society. For those who are erroneosly accused and prosecuted there can be no greater wrong in our world.
At one time in my life I considered being a trial lawyer. I attended two years of Law School and left for one simple reason. I knew that if I was any good at my career one day I would have to face the distinct possibility that I would put an innocent person behind bars and I could not reconcile that with my conscience.
The leagal system is a business. A political business, and as such is not interested in justice but winning at all cost reagrdless of who the real victims are.
What gets me is that at the hearing where Bonnie Dumanis drops the charges, her Deputy D.A., Tracy Prior, who vigorously prosecuted Mr. J, continues to protest and cry out that he's guilty.
My friend was convicted of false child molestation charges, prosecuted by Bonnie Dumanis' infamous henchmen. Expecting a fair trial where he could not possibly be convicted given the lack of evidence, shoddy detective work and the mountains of evidence in his favor, I was appalled at the underhanded techniques used at trial and the D.A's use of the media to sensationalize the trial. It was sleazy, something you would expect from a two-bit ambulance chaser. Fair? Hardly.
Was justice served? No.
Be afraid, San Diegans, be very afraid.
D.A. Tracy Prior used the same exact sleazy, dishonest tactics to recently convict another wonderful SD County teacher and human being who is totally innocent. He is now serving 15 to life under the worst conditions hoping for a successful appeal. Someone needs to expose Tracy Prior.
I think something is clear here... The Da is using cases to get ahead and some people like Thad are used as notch in a belt... It has to stop. Too many people are being hurt with the likes of Tracy Prior and the staff of Bonnie Dumanas going for a hanging without a fair trial. Will not vote for Bonnie ever, ever again! She can't reign in her staff... she can not lead us!. Just my thoughts
My children were taught by this man. I have stood behind him since this ordeal began. I have questions i think need to be answered. when will his name be removed from the DA'S high profile list, can he be retried for these crimes, will he be compensated for his lost earnings and who will pay this. the reason I ask these questions is that it my understanding that the state pays. If you want to stop the abuse by county official have the restitution payed by their budget, making them accountable for their errors. This will force them to go to court to seek justice not notches. For now they are empowered to take people to trial without any risk of accountability. Is this the way you want your government run.
EXPOSED!!! Tracy Prior, Bonnie Dumanis, Detective Newbold!!! It seems that you all have been caught with your pants down and that is called indecent exposure. Perhaps you all should spend a little of the time you subjected Mr. J to!!! Those of us that were a part of the court room proceedings are still shaking our heads in disbelief, it was a shame and a cruel injustice. Those of us that truly know this man have always stood by his side and knew that the truth would be told. Thank you Mark Sauer for following this story and EXPOSING the TRUTH. We are so elated for the Jesperson family. We all know the strength, faith and determination that Thad kept with him at all times is what helped him through this nightmare. We as friends, colleages and relatives wish this extraordinary family all the best in their recovery and new life.
After reading your article,I am compelled to write, and expand, on all the previous letters and comments,of other family's touched by our justice system gone amuck. My close relative was found guilty of child molestation, and sentenced to an unbelievable amount of prision time (15 years to life).Time, that even killers do not get when found guilty.All because of over zealous prosecuting attorneys in the DA's office, who when they get any child abuse cases, immediately go for the jugular vein of the defendant, with any means at their disposal. Tell me what ever happened to the motto"INNOCENT UNTIL PROVEN GUILTY", in these child abuse cases it's'GUILTY UNTIL PROVEN INNOCENT".
Having sat in the court room observing all the proceedings, I have come to the conclusion that all these cases are all predicated on "He Said, She Said" accusations, and are all based on childrens recollections of incidents that may, or may not have occurred.I find this very anecdotal, to say the least.
Lets talk about the famous "Mac Martin" case. Many people went to jail based on statements made by children, which we all know were were latter found to be false.What about the other famous Bakersfield Calif, where a large number of adults where accused of sexual misconduct with little children, found guilty, and sent to prision. Only to be released years latter when the children making the statments, where in their teens, realized what they had done, and tearfully recounted their stories.
I can remember the judge's closing statements, before rendering his decision in my relatives case. He said, he has never seen so much support from family and friends,that he has seen in this case. Friend after friend, vouching for my relatives character, his honesty, integrity, all stating they have no doubts in his innocense.After the judge found my relative guilty, his closing statement was "LITTLE CHILDREN DO NOT LIE".
My dear friend also was falsely accused of child molestation. He was given 15 years to life and has served 3-1/2. It didn't seem real sitting thru the trials and listening to the false accusations. There was no evidence to convict this man. My daughter who spent family vacations and after school play at their house, testified in his defense. It's VERY SCARY to witness these dedicated fathers and husbands plucked out of society and sent to prison for a crime they didn't commit. It gives me great hope that Thad has been vindicated. I believe a day is coming for my firned to be reunited with his family and friends and his story will be told as well. We are praying that justice will prevail.
Justice has finally been served with the reversal of all charges for Thad Jesperson. But he and his family can never reclaim the lost time and shared life experiences ripped from them by the likes of D.A. Dumanis, Prosecutor Prior, Detective Newbold, Principal Jane Davis, Bus Lady Goodwin and all the other players in this tragedy.
SHAME SHAME SHAME on all those who lose sight of a man's life, reputation and the impact upon his family to rack up another conviction based on lies and gossip.
Thad and his family showed hundreds of supporters how to live with pride, faith and character every step of the way.
My family, too, has been a victim of an over zealous District Attorney's office. My husband was a school teacher who was also accused of inappropriate touching by a large group young females. All the alleged acts occurred in the classroom....but there were no witnesses. We thought we would fight it, because we knew the truth. But the truth really has no place in these courts. Don't be fooled by the DA's spewing such untruths as they want to put all child molesters in jail so as to keep our communities safe. They're just grandstanding. Their main focus is the win/loss record.....win at all costs. People who work with children should be VERY AFRAID. What happened to Mr. Jesperson can really happen to anyone working with children. And it doesn't matter WHAT you try to do to keep yourself safe (i.e. never be alone with kids, etc.) because all it takes is one who will swear that you WERE alone with them. You're toast.
Someone whose life was ruined by these accusations
You have got be be kidding me. This man molests between one and seven children (proven in court, maybe as many as twelve) and is released due to a technicality. He was found guilty 3 times. Then you try to blame the lunch lady?? Okay, so just so I am clear, Jane Davis, the school's principal at the time, had no power over this daunting lunch lady? What about the Super-Intend ant of San Diego City Schools? Or how about this, the police?
Did Mrs. Goodwin conduct her own investigation all by her self? Was she the brains behind the DA's office? Come on!!! The fact is that there WAS an investigation by the police, there was sufficient evidence to try Mr. Jesperson and the there was enough evidence to convict him THREE TIMES!! They still have enough evidence to convict him again. The fact is this felon was counting on these seven girls not wanting to relive the worst year of their lives for the fourth time in four years.
Mr. Sauer, I have to believe that you have written this atrocity for one of two reasons: 1. you have exhausted all of the true stories you can come up with, or...2. You just want to write something so controversial, that people will finally be forced to read your ridiculous article in this magazine that has a lower circulation than "Lube and Oil News".
How dare you sensationalize a child sex offender's tragic release! And you blame the only woman strong enough to tell the truth, the lunch lady, Mrs. Goodwin. Mr. Sauer, I am sure that you would let your children spend the night at Mr. Jespersen’s house...as long as Mrs. Goodwin is there to supervise.
Cancel my subscription.
Dear TRBELL5,
FYI, Nellie Goodwin was referred to by the judge presiding over these cases as one of the worst witnesses he's ever seen. She told lies to parents that began the witch hunt and was a driving force in the rumor mill.
This "dear" "innocent" Bus Lady is a mandated reported who shirked her responsiblities as a child advocate from the get-go and (former) Principal Jane Davis did nothing about it. Rather a letter was sent out from her office that lit a wild fire. (wish Mr. Sauer had included information about Mrs. Davis "retirement" that year......)
This case has been in the news for 5 years with a website well publicized and NOT ONE SOUL came out of the woodwork claiming anything of the kind ever happening to them with their history with Mr. Jesperson in all his years around children. This would have been a prime time and opportunity for such, but NO ONE could claim such atrocities, because this man is NOT a pedophile.
Bravo Mr. Sauer. Bravo San Diego Magazine. This innocent man does deserve recognition and celebration. The DA's office, the school personnel and the adults who used the children as pawns deserve to be shamed.
PEOPLE...wake the hell up! Are you all so dilusional that you dont recognize a PREDITOR when you live "next door to him" or allow your children to even ASSOCIATE with a "CONVICTED" child molester...What planet are you from? This creep was arrested & charged i think 3 different times!! Save all your politics for someone who really cares! I could care less if you know this PREDITOR (because thats what he is) for 1 day or 50 years..he's a preditor!! IT'S A PROVEN FACT...who cares what the "buslady" said or didnt say..who was one on trial? The teacher or buslady?? Why don't you all sit back & think about what "your so call friend" did to these inocent children & how it changed their lives forever you bunch of freakin idiots!! Watch your children closely...you never know who's living next door!!
Dear G-Unit66,
Wow. Your anger is palpable; it's what I feel towards true preditors, pedophiles and molestors as well.
However, I am sorry that you're misguided and you are speaking without knowing all the facts; without having sat through more trials than the childrens' own parents; without having been on the stand; without having been interviewed; without having been involved with parties on both sides of this tragedy.
Had you been, you too would be realizing that this story ended as it should have, only that it took too long for justice.
Thank you to the people that helped this poor man and his family during this horrible ordeal. They have lost precious years of their lives and now must pick up the pieces to try to have a normal life. Thad Jesperson's children and wife deserve to have their father back. He deserves his life back!
This situation is far too common. NO evidence and yet we can condemn someone to life in prison? What about when the facts aren't adding up? Do we pursue it to make so someone can get another notch their career belt? What has happened to our justice system? Do not condemn someone without true evidence!
Concerned for our children? You bet I am. We've got people so scared out there we are afraid to even smile at a child. I would say that is a crime too!
to TRBell5 and G-Unit66 and anbody else who thinks Mr. J. got out on a technicality. It is not a technicality for an appellate court to determine that a defendant did not have a fair trial. No fact of molestation was proven - that's why the charges were eventually dropped.
The reason there were so many supporters was that it was plain to all of us in the school that this case was a miscarriage of justice.
somebody wrote: "Why don't you all sit back & think about what "your so call friend" did to these inocent children " - we know what he did to these innocent children - he taught them, he comforted them, he congratulated them on doing good work. He did not put his hands in inappropriate places.
People should not be so smug as to think this could not happen to an innocent person. It happens all the time. That's why solid reporters like Mark Sauer are open to telling this story.