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San Jose sex-assault case: VIB Law Firm gets client released; DA wants further investigation

by California Legal Defenders on October 14th, 2010

The VIB Law Firm (your California Legal Defenders) vigorously defends all our cases. Recently one of our clients was arrested on suspicion of sexually assaulting some of his students at the McKinley Elementary School in San Jose. He was released from jail after the Santa Clara County District Attorney’s Office decided to file no charges at this time. Investigators are trying to determine whether this is a case of child molestation or a misunderstanding.

The district attorney’s office informed the San Jose Police Department on Tuesday that the case against Jayanthum Kapasi, 64, needed additional investigation.

Rudy Herrera, assistant superintendent of the Franklin-McKinley School District, said the district is also investigating the students’ allegations. Everything that is alleged to have taken place occurred in the classroom with the entire class present, Herrera said.

Although district officials have not been able to confirm or disprove the allegations, Herrera said: “From my perspective, I did not see any evidence on the surface of something that could be considered a sexual assault.”

VIB Law Attorney, Cameron Bowman, who is representing Kapasi, said his client — who is married and has a son — was shocked at the allegations and ready to “do whatever it takes to show the allegations are false.”

“It’s our belief when this is fully and fairly investigated the evidence will show that Mr. Kapasi might be eccentric or a disciplinarian,” Bowman said. “But he has never acted inappropriately with any of the children.”

Bowman added: “It’s fair to say that we are happy that the DA’s office is taking a second look at this case. We want to help them in that second look.”

San Jose police will be following up on certain aspects of the case at the request of the district attorney’s office, according to Officer Jose Garcia, a police spokesman.

Neither prosecutors nor police would specify exactly what type of behavior led to Kapasi’s arrest. Nor would they say exactly what more was needed to make a definitive decision.

Sources told the Mercury News that the case was sparked Friday when three female fourth-grade students came forward to say that the teacher had inappropriately touched them, over their clothes.

Further investigation showed that other students may have been touched as well. Some of the touching described by the students was allegedly on or near the students’ buttocks.

But others alleged touching on their shoulders or backs or other parts of their bodies that would not necessarily be criminal.

The teacher — who has no criminal record — denied to investigators all inappropriate touching, sources said.

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