Police arrested Rogers on April 9, 2015 and charged her with one count of an improper relationship between and educator and student for purportedly having sex with the unidentified student on Christmas Day, according to Comal County jail records.
“Emily told her, ‘This can never happen,’ in response to the kiss,” said Kuntz, maintaining in his closing arguments that kissing and hugging was not a criminal offense. ” Prosecutor Daniel Palmitier countered that state witnesses provided an ample amount of evidence that supported the victim’s claims that she and Rogers engaged in sexual acts.
He said the only proof of any sex acts taking place came from allegations made by the purported victim. He argued that on the same day Rogers nixed the girl’s advances, she later met her in a Target parking lot where the two made out for “about three hours.” He told the jury that the suspect’s mother acknowledged that “the two are in a dating relationship” and the teenager stayed at their home.
Palmitier also said he held Rogers responsible for failing to reject the girl’s initial advances at the time of the classroom kiss.
The female student detailed sexual encounters that took place in her family’s house, in Rogers’ car, and at Rogers’ residence.
No witnesses spoke on behalf of the defense, although Rogers’ attorney, John Kuntz, argued the state failed to prove a viable indiscretion ever took place between the suspect and the victim.