Sentencing was delayed a month yesterday for the former Mills High School teacher accused of filming female students in the bathroom and possessing child pornography because a doctor needs more time to assess if he remains a threat to the community.

The needed doctor’s mental health report is a standard document requested in cases involving sexual assault, child molestation and pornography. Its findings won’t necessarily steer the sentencing for David Lista who took a negotiated plea but the report will become part of his permanent criminal record and be considered for matters such as parole.

Lista returns to court Nov. 24 for sentencing.

Lista is facing no more than two years in prison after pleading no contest to drug use and possession in addition to possession of unrelated pornographic images found after police began investigating the school-based claims. Lista also pleaded no contest to misdemeanor counts of improper peeping.

In return for the plea, the District Attorney’s Office dropped other charges and offered the reduced sentence. Lista will be required to serve 50 percent of the two-year maximum before being eligible for parole. Lista will also be required to register as a sex offender.

Belmont police arrested Lista March 7 after finding methamphetamine while serving a search warrant at his apartment in investigating a sexual exploitation case that began the previous day.

Lista allegedly installed a pinhole camera in the ceiling above the stalls in the girls bathroom adjacent to his classroom. Authorities found a file containing 15 to 25 images of female students using the school’s bathroom on a school computer system. Forensics experts also reportedly discovered hundreds of sexually explicit videos and still photographs showing sexual conduct with children on his home computer. Investigators then discovered a pinhole camera installed in Lista’s school room desk, apparently to film students under their desks.

Lista was placed on leave from Mills High School and later resigned.

He is free from custody on a $125,000 bail bond with the conditions he have no contact with minors, stay 100 yards away from schools and not use the Internet aside from job searches and correspondence with family.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.