JOLIET – The lawyer for a former Neuqua Valley High School teacher said a grand jury was misinformed when it indicted him for allegedly trying to have a sexual relationship with a student.
Defense attorney Kristine Honiotes told Judge Dave Carlson during an appearance Thursday at the Will County Courthouse that the answers John S. Desmond, 38, gave to Naperville police during an interview didn’t match what prosecutors and detectives presented to get an indictment on a sexual grooming charge.
Desmond, of Darien, was an English teacher at the high school from 2009 until he resigned in July 2015 – just days after coming under investigation. Will County Assistant State’s Attorney John Connor said Desmond sent emails to a then-16-year-old girl “for the purposes of developing an inappropriate relationship.”
Desmond’s police interview was recorded, and Honiotes said prosecutors “asked for the gist of [his] statement” while the detective testified.
“He’s not admitting he wants to have a sexual relationship,” Honiotes argued. “When asked why he allowed the emails to continue, he said, ‘It’s an excellent question’ and one he doesn’t have an answer for.”
Desmond then was asked if the emails were progressing to a physical relationship and said he should get an attorney before answering more questions, according to Honiotes.
But to the grand jury, “they have the defendant admitting to an element of the offense,” she said.
Connor told Carlson the questions asked of a detective were “sloppy,” but responding to the question “These emails were designed to continue the relationship?” with “Yes, they were” and “And he was seeking a sexual relationship?” with “Correct” were not based just on Desmond’s answers.
Carlson said he will decide later this month whether the indictment against Desmond should be dismissed and whether prosecutors could present the case to another grand jury if they wanted.