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Photo by Erin Sanchez
South Lake High School teacher Melissa Lavender stood before 40th District Court Judge Joseph Oster during her preliminary examination conference on Aug. 26.
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Accused teacher’s examination
set for Oct. 10
South Lake educator
facing charges of sexual misconduct with students
By Julie Snyder
C & G Staff Writer
ST. CLAIR SHORES — The preliminary examination for a South Lake High School teacher accused of criminal sexual conduct with two teenage students has been set for Oct. 10.
But whether or not the exam will take place that 9 a.m. at 40th District Court remains to be seen, said her attorney.
Warren lawyer Mike Dennis said after an Aug. 26 preliminary examination conference that he would notify the court if his client decides to waive the exam, which would move the case to Macomb County Circuit Court. A plea agreement is another option.
Culinary arts teacher Melissa Lavender, 33, is facing two counts of criminal sexual conduct in the fourth degree on charges that she engaged in several acts of gross misconduct of a sexual nature with the two male South Lake High School students.
According to police, the alleged incident between Lavender and the two male students occurred the evening of June 26 and the early morning of June 27 on a former student’s parent’s boat docked at a St. Clair Shores marina.
St. Clair Shores Police Detective Herald Bergeron said Lavender was the only teacher on the boat that evening along with eight former and current South Lake students. Several witnesses reported to police on July 28 that Lavender allegedly had inappropriate contact with two current students who were 16 and 17 at the time.
During her Aug. 6 arraignment, 40th District Court Judge Joseph Oster released Lavender on a $25,000 personal bond with several conditions. Lavender is forbidden to have contact with unrelated minors unless under supervision, she is unable to enter South Lake High School and she must undergo random Breathalyzer testing three to four times a day with an alcohol-detecting tether.
Assistant Prosecutor Kathy Beard asked Oster to keep the tether in place in light of the fact that alcohol played a part in the alleged incident.
Dennis argued that the tether is not necessary.
“She has never had problems with alcohol in the past,” Dennis said. “She has no criminal record.”
Oster eventually ordered the tether to remain in place until Sept. 15. The other conditions remain in place.
Lavender, a married mother of two, has been a culinary arts teacher in South Lake for close to five years. She was suspended from her job on July 29. The district has since hired a new culinary arts instructor.
Dennis said if the preliminary exam proceeds as planned, the prosecution would bring in witnesses to testify that a crime did take place and that Lavender committed a crime.
He said the accusations are unbelievable to those who know Lavender.
“She had a very good, very open rapport with her students,” Dennis said. “The witnesses version and her vision (of what happened) are at odds.”
Dennis said Lavender was invited to the boat where underage teens were consuming alcohol. He said his client did not supply the alcohol, and she is not being charged with such a crime.
Bergeron said no charges have been filed against the minors who admitted to consuming alcohol that night because there is no proof.
You can reach Staff Writer Julie Snyder at jsnyder@candgnews.com or at (586) 498-1039. |