PLEASANTON -- After months of delays, a Livermore high school teacher accused of sex with a young male student will have her preliminary hearing Oct. 11.
At that time, Judge Jacob Blea III will hear the evidence against Marie Johnson, 41, and decide if there is enough to take the case to trial.
Johnson, a math teacher at Granada High School, was arrested and charged in January on 24 sex crime counts related to a sexual relationship with a 14-year-old former male student.
Blea also ruled Monday to keep the victim's medical and mental health records sealed until at least the preliminary hearing. The health records could be allowed once the preliminary hearing begins if the victim testifies, Blea said.
Johnson's attorney, Elizabeth Grossman, had sought to have the records entered into the court files because of the possibility of the victim testifying at the preliminary hearing. Grossman told the court the victim was hospitalized after the incident with the teacher and that if he does testify at the preliminary hearing she needed to be prepared.
Glenn Kim, the deputy district attorney assigned to the case, disagreed and argued that the records are privileged information.
"(The victim) might, but he might not (testify) and I don't have to be pigeonholed into my strategy at this time," Kim said.
Blea did allow the school records of Johnson and the victim school records into the court record despite the objection
The victim's parents spoke briefly in court. His mother told the court she doesn't know what relevance the records would have in terms of the abuse her son endured.
Livermore police arrested Johnson Jan. 11 after receiving a tip that she was involved in a sexual relationship with the victim. According to police, the relationship began through the popular smartphone app "Words with Friends" and through text messages and social media. The alleged abuse occurred between December 2010 to May 2011, according to court records.
Johnson is being held in lieu of $950,000 bail at Santa Rita Jail.
Contact Robert Jordan at 925-847-2184. Follow him at Twitter.com/robjordan127.