The pornography a former River Hill High School teacher had in his possession will not be allowed as proof that he sexually exploited a student because it?s prejudicial, a Howard Circuit judge ruled.
Alan Beier, 53, of Columbia, is charged with three counts of sexual abuse of minors, three counts of fourth-degree sex offenses and three counts of second-degree assault for incidents involving three students.
A 16-year-old male student said Beier told him to come to the school around 6 p.m. Jan. 8, 2007, to help with a “special job” for community service hours, according to charging documents.
Beier encouraged the student to remove various articles of clothing while Beier took photographs of him.
Beier then removed the boy?s clothing and took nude photographs of him.
Prosecutors showed Judge Diane Leasure the photographs at a pretrial hearing Thursday and compared them to pornographic images police seized Jan. 9 from Beier?s school computer and magazines in his bedroom.
Prosecutors said the student?s poses and body type were similar to the individuals pictured in the pornography.
“[Pornography] is something he was clearly collecting and interested in … that he was recreating with the victim,” said Assistant State?s Attorney Mary Murphy.
But Leasure agreed with defense attorney Joshua Treem, who said a jury would find the pornography “offensive” and exert unfair prejudice on Beier.
“Whether or not Mr. Beier had seen adult males in pornography in similar poses is irrelevant … and what Mr. Beier may have looked at on his computer is irrelevant,” Treem said.
Leasure also prohibited detectives from testifying about the nature of the poses in the pornography.
A 17-year-old female student reported Beier fondled her during class on two occasions in 2006. One month after two students came forward with allegations, another male student at River Hill High reported in February 2007 that Beier abused him April 1, 2006, and April 26, 2006.
He is scheduled for trial March 26.
Convicted sex offenders
» Former Hammond Middle School teacher Kirsten Kinley, 28, of Columbia, pleaded guilty in August 2007 to a third-degree sexual offense involving a 15-year-old boy.
» Former Glenelg High School teacher Joseph Ellis, 25, of Elkridge, was convicted in January of sex abuse of a minor, indecent exposure and telephone misuse involving a 17-year-old girl.
