Trial Opens for Ex-jserra Teacher Charged with Having Sex with Student

By Vik Jolly
Orange County Register
May 14, 2014

http://www.ocregister.com/articles/aldana-614269-sex-prosecutors.html

A former San Juan Capistrano high school teacher had sex with a 14-year-old girl who he knew had a crush on him, a prosecutor told a jury Wednesday.

The defense lawyer for Ricardo Aldana, 40, countered that a teenager seeking attention made up the charges.

Prosecutors have charged Aldana with seven felony counts of lewd acts on a child.

Aldana taught Spanish and coached boys soccer at JSerra Catholic High School. The school fired him after learning about the circumstances of his arrest in December 2011.

Prosecutors say he befriended the girl at school, when she was 13.

In September 2011, after she turned 14 and was being home-schooled, prosecutors say, Aldana picked her up in his vehicle while her mother was out of town and drove her to his Dana Point home. He snuck her past his roommates and into his bedroom, according to prosecutors, and engaged in “substantial unlawful sex acts” before taking her home.

In a phone call made by the accuser to Aldana and recorded covertly by Orange County Sheriff’s Department investigators, Aldana did not directly admit to having sex with her, but there were indirect references to the encounter, Deputy District Attorney Jana Hoffmann told jurors in her opening statement in Superior Court.

“This call is between two people who have had sex,” Hoffmann said.

Aldana’s attorney, Michael Molfetta, contended the girl had a history of lying to get attention. She lied about her father physically abusing her, he said, and another incident – not described further – was later deemed unfounded.

“This is a fantasy; (it) did not happen,” said Molfetta, telling jurors Aldana was a “loved” teacher, one who cared for his students.

Aldana appears stunned during the covert phone call, during which “he never admitted” to having sex, Molfetta said.

“The phone call was akin to a kick in the you know what,” Molfetta told jurors.

Aldana faces up to seven years in prison if convicted.

Contact the writer: vjolly@ocregister.com or 714-834-3773