Teacher admits student sex

Boicelli was offered the plea earlier this month but delayed an answer while her attorney, Terry Bowman, fought the entire case. Since Boicelli's preliminary hearing, Bowman argued the county has no jurisdiction to prosecute because the one admitted encounter between the couple occurred in Nevada. That contention did not keep a judge from ordering Boicelli from standing trial but Bowman argued again Friday that it should lead to a dismissal of the case.

Citing previous court cases, Bowman said prosecutors cannot prove Boicelli meant to have sex with the minor boy when the couple traveled across state lines. She also said testimony about alleged lewd behavior or hand-holding between the couple up to a year and half prior to the conception is not proof enough to bolster the case. Bowman also said there is no proof of who pushed the idea of traveling to Reno, Nevada or the eventual goal.

Prosecutor Elizabeth Raffaelli disagreed, pointing out months and years of Boicelli's "grooming" of the child to prepare for sexual activity.

"It's clear she had a salacious intent with this child," Raffaelli said prior to Judge Stephen Hall upholding the case.

Raffaelli said years of encounters played into an "environment of seduction of this child" which gave the county jurisdiction even if the actual conception occurred outside California.

Once Hall ruled that Boicelli's case would not be dismissed, Bowman and Raffaelli met briefly in chambers with the judge. Shortly later, they announced the plea.

Boicelli, dressed in orange jail sweats and with her hair half pulled back, answered softly that she agreed to the plea and did so without duress. The plea admits that between March 1, 2002 and Dec. 27, 2002 she committed a lewd act with a child of 15, more than 10 years her junior.

The offer was much less than the current one count of unlawful sexual intercourse with a minor dating from August 2003 and three counts of lewd and lascivious behavior. The plea vacates her set July 27 jury trial date.

Boicelli admits having sex with the now 18-year-old father once in August 2003. Raffaelli disputed the claim during the preliminary hearing and pointed out previous inappropriate conduct between the two. The boy and Boicelli allegedly began their relationship in 2001 when he was a 14-year-old student at a Redwood City alternative school. Boicelli would move on to two different schools but the encounters continued.

Boicelli gave birth to the baby June 8, 2004 and was arrested Jan. 20 after co-workers contacted police. Police had fielded tips for two years prior but never had concrete evidence until the child's birth. DNA testing proves the boy is the father. Boicelli's parents are currently caring for the baby.

She remains in custody in lieu of $500,000 bail. She returns to court Aug. 19 for sentencing.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com