Omaha, NE - The Lexington teacher who left the country with one of her students entered a guilty plea Wednesday in U.S. District Court in Omaha.
Sixth grade teacher Kelsey Peterson was arrested in Mexico last year. She had left the country with Fernando Rodriguez, a student in her sixth grade class. He was 12 years old. She was 24 at the time. Peterson was charged with taking a minor across the border for sex, which carries a mandatory minimum sentence of ten years. She entered the plea to a reduced charge. Her attorney, James Martin Davis, expects Peterson to get six to seven years in prison. He says, "She violated a position of trust, she's gonna accept responsibility for it."
In the plea agreement reached with the United States Attorney, Peterson admits she had sex with Rodriguez several times a week since late 2006. She and Rodriguez fled to Mexico after the Lexington School District became aware of their relationship and suspended Peterson from teaching.
Court records show the teacher and her student had a sexual relationship for a year before being caught by the school. They had sex two to three times a week at her Lexington home.
Kelsey's parents and other relatives were in the courtroom Wednesday. They waved at Kelsey and blew kisses to her. Tears streamed down the face of Kelsey. In raised voices, Kelsey's family told reporters to find the "real story" which they say lies with Fernando. Fernando's lawyer, Amy Peck says, "I don't understand how you blame a 12 year old for having sex with a teacher."
Kelsey had told officers she thought Fernando was 14, almost 15. But her attorney says that still doesn't make it right. "She's very immature and was controlled by this young man and emotional involvement that developed over time."
Peck says, "He knows what happened was wrong. He knows she shouldn't have done it, but he still has feelings towards her. Was Fernando in love with her? He's not sure, when your 12, what's love?"
Peterson still faces a state kidnapping charge. Davis hopes that charge will be dropped.
The following is part of the court transcript:
A. Kelsey Peterson was born on February 28, 1982. F.R. was born on January 16, 1994. During the 2005-2006 school year Kelsey Peterson was a teacher at Lexington Middle School, Lexington, Dawson County, Nebraska. During the 2005-2006 school F.R. was a sixth grade student at Lexington Middle School. Kelsey Peterson was one of his teachers.
B. Following the 2005-2006 school year Kelsey Peterson maintained regular social contact with F.R. to include visits by F.R. to Kelsey Peterson's residence in Lexington. During August of 2006 the relationship between Kelsey Peterson and F.R. became sexual and in November of 2006 Kelsey Peterson first engaged in sexual intercourse with F.R. at her home in Lexington, Dawson County, Nebraska. F.R. was 12 years old at the time of the encounter. F.R. was a student at Lexington Middle School at the time. Kelsey Peterson was a teacher at the school at the time.
C. Following the onset of sexual activity Kelsey Peterson and F.R. engaged in sexual intercourse an average of two to three times per week. The activity occurred primarily at Kelsey Peterson's home in Lexington, Dawson County, Nebraska.
D. In January of 2007 F.R. moved from Lexington and all sexual activity ceased. However, Kelsey Peterson maintained telephonic and written contact with F.R. during his absence and expressed her "love" for him. In June of 2007 F.R. returned to Lexington, Nebraska. The sexual activity between Kelsey Peterson and F.R. resumed at that point with the same frequency as before. The activity, as before, primarily took place at Kelsey Peterson's home in Lexington, Dawson County, Nebraska.
E. In October of 2007 school officials at Lexington Middle School began to question Kelsey Peterson about her relationship with F.R.. On October 24, 2007, Kelsey Peterson was told her school issued notebook computer, which contained correspondence with F.R., was going to be seized. On October 25, 2007, Kelsey Peterson was directed to attend a meeting with school administration officials to discuss her involvement with F.R. At that meeting she was placed on administrative leave. Kelsey Peterson contacted F.R. and told him of her suspension.
F. On October 26, 2007, Kelsey Peterson picked up F.R. at his residence and brought him to her residence in Lexington. While at her home F.R. was contacted on his cell phone by his stepfather who advised that an officer of the Lexington Police Department was looking for him. Kelsey Peterson and F.R. discussed terminating their relationship but concluded they could not. Kelsey Peterson and F.R. then discussed the possibility of moving to Mexico and living "as a couple" in that country. Kelsey Peterson drove to a local bank and withdrew approximately $2,500.00. F.R. remained at her residence and packed belongings.
G. On October 26, 2007, Kelsey Peterson and F.R. departed Lexington, Nebraska, in Peterson's vehicle and headed for Mexico. Kelsey Peterson did most of the driving although she did allow F.R. to drive at times. Kelsey Peterson paid for expenses associated with their travel. Kelsey Peterson turned off her cell phone to avoid tracking by authorities and because her daughter, whom she had left behind, was repeatedly calling her. Kelsey Peterson and F.R. drove west eventually arriving in California where they stayed until on or about October 30, 2007. On or about October 30, 2007, Kelsey Peterson and F.R. crossed into Mexico at the Tijuana border crossing and made their way to Mexicali.
H. Kelsey Peterson and F.R. were intending to make their way to Guanajuato, Mexico. However, they were stopped at a toll booth south of San Luis, Sonora, Mexico, because they did not have appropriate paperwork. They then returned to Mexicali.
I. On or about November 2, 2007, Kelsey Peterson was arrested by Mexican authorities near a mall in Mexicali. F.R. was with her. Peterson was turned over to American authorities and lodged at the Imperial County, California, jail. On November 3, 2007, Kelsey Peterson was interviewed by Special Agents Ribail and Rothrock of the Federal Bureau of Investigation. After waiving her Miranda rights Kelsey Peterson agreed to speak about her relationship with F.R..
J. Kelsey Peterson admitted to the interviewing agents that she been engaged in an ongoing sexual relationship with F.R. which she said had first resulted in sexual intercourse in November of 2006. Peterson told the agents that she believed F.R. was, at the time of the interview, fourteen years of age, (he was actually thirteen), and would turn fifteen within a few weeks. Peterson told the interviewing agents she had utilized cash during their flight to avoid tracking by authorities and that she had insisted to F.R. that they turn off their cell phones for that same reason.
K. Kelsey Peterson told the agents that prior to their flight F.R. would come to her residence where he would stay until approximately 1:00 a.m.. F.R. would then leave as he had to return home before his mother got home from work at approximately 1:30 a.m.. She stated they spent most of their time at Peterson's residence although they did travel together a few times to Kearney, Nebraska. Kelsey Peterson told the interviewing agents that she had engaged in sexual intercourse with F.R. on several occasions after they fled the State of Nebraska. She admitted to engaging in sexual intercourse with him at the Comfort Inn in Grand Junction, Colorado; the Little Inn by the Bay in Newport Beach, California; and at the Virreyes Hotel in Mexicali, Mexico. At the conclusion of her interview Kelsey Peterson told the interviewing agents "I am guilty, I admit it" and added "I am not sure I would change it if I could."
L. Kelsey Peterson removed F.R. from Nebraska without the permission or knowledge of his parents.
M. The sexual activity engaged in by the defendant was unlawful in the States of Nebraska, Colorado and California. The applicable statutes are the following:
Nebraska
First Degree Sexual Assault, Neb. Rev. Stat. § 28-319(1)(c)-Applies when the offender is nineteen years of age or older and the victim is at least twelve years of age but less than sixteen years of age.
Sexual Assault of a Child, Neb. Rev. St. § 28-320.01(1)-Applies when the offender is at least nineteen years of age and the victim is fourteen years or younger.
Colorado
Sexual Assault, Col. Rev. Stat. § 18-3-402(1)(d)-Applies when the victim is less than fifteen years of age and the offender is at least four years older than the victim and is not the spouse of the victim.
California
Unlawful Sexual Intercourse, Cal. Penal Code § 261.5(b)-(d)-Applies when the offender is more than twenty-one years old and the victim is under sixteen years of age.
Sentencing is scheduled before the Honorable Laurie Smith Camp, United States District Judge, on September 29, 2008, at 1:30. Ms. Peterson also faces state charges in Dawson County, Nebraska.
Reported by Carrie Murphy, cmurphy@action3news.com; Michelle Bandur; michelle@action3news.com
