July 20, 2014 at 10:25 p.m.
RHS teacher found guilty of disorderly conduct in domestic abuse case
School board to discuss Kremer's employment Monday
RHS teacher found guilty of disorderly conduct in domestic abuse case
In addition to the jail time, Judge Patrick F. O'Melia sentenced Jason D. Kremer, 37, to two years probation. Kremer will also be required to attend counseling and undergo an alcohol or other drug (AODA) assessment.
Kremer was arrested following a May 2 incident in which he allegedly struck a woman in the face during an argument.
In making his sentencing argument, Assistant District Attorney Steven Michlig emphasized the seriousness of the offense as well as Kremer's previous history.
In 2005, Kremer was charged with disorderly conduct and criminal trespass to dwelling, the prosecutor said. The charges were dismissed after Kremer successfully fulfilled the terms of a deferred prosecution agreement.
After summarizing the previous case, Michlig outlined the facts of the current case.
According to Michlig, Kremer and the victim began arguing while traveling in a car. At some point, Kremer physically assaulted the woman, the prosecutor said.
"I think we may never know exactly what went on inside that vehicle ... but I think this is a case where there is some, for lack of a better word, forensic evidence," he said.
Blood was "sprayed inside of the vehicle," he said.
"I think it is very obvious that what went on was a struggle. What went on was much more than just a backhand or a punch to the face, I think a significant incident happened inside of the vehicle and that is why you see blood splattered all over the inside (of) the passenger compartment," Michlig said.
Michlig also pointed to what he characterized as a compelling statement from a witness who heard unusual noises after Kremer and the woman reached their destination.
According to Michlig, the witness told police she heard noises for an extended period of time. At first the witness thought the sounds were a reality program on television but eventually realized the noise was coming from the garage, he said.
According to Michlig, the witness heard a female sobbing and crying, screaming and then "thumps." He noted that photos of the exterior of the truck show bloodstains on the front and along the side of the vehicle.
"I think the best evidence (is) that the thumps were the sound of (the woman) being thrown up against the side of the vehicle repeatedly," Michlig said.
Michlig stressed that the victim did not call police. She met with friends who spent approximately a half hour trying to convince her to call law enforcement.
"In fact, she does not call the police, it is a friend of hers that calls the police," Michlig said.
Four or five hours later, Kremer gathered bail money and turned himself into the Oneida County jail, Michlig said.
He made a statement to police at the jail stating the woman came at him, slapping him, and when he went to block her he hit her in the nose by accident.
"That's his summary of the whole night, that's all that happened," Michlig said.
Michlig said that when police arrived, the woman's behavior was consistent with that of a victim of domestic violence.
"For a person (who is) familiar with domestic abuse, with chronic battering, she acts exactly like you would expect her to act," Michlig said. "She is covered in blood, her shirt and hands soaked in blood, and she says to law enforcement that nothing happened and I'm fine. (She claims she's being) stupid and jealous... Again, the type of behavior you would expect from someone who has been through this before."
Michlig said Kremer appears to have a need to dominate and be in control of his relationships. To illustrate that point, he referenced statements from two other women who had personal relationships with Kremer in the past.
"In both of these prior relationships, you get a sense of the control the defendant had over these persons," Michlig said.
Michlig noted that he believes Kremer's behavioral issues are limited to his romantic life, and don't necessarily impair his ability to be a teacher.
"I don't think, and this is just my opinion, but I don't think he is a risk to cause problems in the school. I don't think he is at all," Michlig said. "I believe the defendant, when he is in public, is fine. I don't think he is going to fly off the handle. It is power and control in the relationship. And I think that is the place where the danger lies."
Michlig said he believes what Kremer needs is counseling to learn how to change his behavior and jail time so it's made clear to him that his behavior will no longer be tolerated.
"I think that is where he (Kremer) is at," Michlig said. "But I think it has to start with the court saying you are not in control. It is time for the court to step in and end it now ... today's the day it ends."
Kremer's attorney, Gary Cirilli, argued that Michlig was trying to "pigeonhole" his client into the definition of a chronic batterer. He also disputed Michlig's contention that there was evidence of a struggle. He said the victim's statement and the blood evidence show she suffered nothing more than a bloody nose.
"There are no red marks, bruises or scratches," Cirilli said. "There is no evidence of that."
He characterized the statements from prior significant others as an attempt to paint Kremer as a "bad person."
"When you consider these statements, how does it prove his character? How can it prove anything? These statements would not be admissible in court (during a trial)," Cirilli said. "Did they have bad relationships? Of course they did. That's why they are exes."
Cirilli noted that the victim herself stated that she threw the first blow and Kremer had a right to defend himself.
"Doesn't he have a right to self-defense? But because she is a female, she was battered or assaulted," Cirilli said. "Sometimes the female is at fault, sometimes the female can cause the battering."
Cirilli said the court should first look at probation and rehabilitation. Jail would not serve any purpose, he said.
"At this point, what good is that going to do? He is being punished because of his job. He's had all this bad press," Cirilli said.
Given his chance to speak, Kremer made a brief statement apologizing for his behavior.
"Your honor, I am real sorry that we're here today and I have thought about this night in early May thousands of times... and I have thought about things I could have done that night to deescalate the situation. I have thought about a lot of things in my life, and I'm going to try to make positive changes. The counseling has definitely helped," Kremer said.
He added that he was looking forward to putting this incident behind him and wants to rehabilitate his reputation as a good teacher and coach.
O'Melia said in his experience as a judge, initial statements made to police are usually the most accurate but he added that it's not his duty to determine exactly what happened on May 2.
"I'm not really here to decide if he is guilty or innocent, he pled (no contest) to disorderly conduct domestic violence," O'Melia said. "So I guess I won't have to get into the truthfulness or motivation for your comments. Something happened, that has been admitted."
O'Melia did note that Cirilli could not claim that Kremer had a right to self-defense and simultaneously characterize the incident as "an accident."
Ultimately, he agreed with the state that some jail time is necessary so that Kremer can "get a taste that this cannot happen again."
Kremer has not been in the classroom since May 2. He was placed on administrative leave the following Monday and since that time has been relegated to working on curriculum at an off-site location.
The school board is expected to discuss Kremer's employment in closed session Monday evening.
River News reporter Marcus Nesemann contributed to this report.
Comments:
You must login to comment.