(8/13/07 - Initial BBT Report)
Mark Zana, 39, a former fifth-grade teacher at Newton Elementary School and Kesterson Elementary School in Henderson, Nevada charged with nine counts of lewdness and 11 counts of child pornography has been found guilty on 10 of the 21 counts.
The guilty verdicts were returned on charges of both lewdness with a child and possession of sexual photos of a minor.
Sentencing is set for October 4th.
Zana was arrested in September 2005 after a former student who moved to Colorado confided in her mother about improper contact with her teacher, Mark Zana, while the student was attending school in Henderson, Nevada. Colorado authorities contacted Nevada authorities which initiated an investigation.
During the ensuing investigation Henderson Police detectives served a search warrant at Zana’s home taking his computers which were then subject to forensic analysis which allegedly revealed images and video clips of suspected child pornography.
During the course of the investigation detectives spoke with students and former students about the touching allegations and discovered an additional alleged victim.
During a preliminary hearing for Zana in December 2005 the original alleged victim who was a second-grader when Zana taught her in 1998 testified that Zana, who often used candies as a reward for students, on one occasion asked her during class whether she wanted a Jolly Rancher. The girl says that she replied “Yes” and that Zana had her reach into his pocket to retrieve the candy. The girl testified, “After I touched his penis, I grabbed a Jolly Rancher. I kind of looked at him, and he just kind of raised his eyebrows and smirked. But he didn’t stop me”.
A then 13-year-old former student of Zana’s testified to a similar experience testifying that “she stuck her hand in Zana’s pants pocket to play with his keys during reading time. Instead Zana guided her hand until it met his penis”.
As the investigation and case against Zana proceeded, a total of six female alleged victims were discovered over the course of his years teaching in the Clark County School District. Zana was initially hired in 1996 to teach at Newton Elementary School. In 1999, he transferred to Kesterson Elementary School.
Also discovered during this case was that Mark Zana faced similar accusations in 1993 while teaching in Pennsylvania. There Zana was accused of corruption of minors and indecent assault. There under an agreement reached in court, Zana was allowed to enter a program called “Accelerated Rehabilitative Disposition, a program for first-time offenders. By his participation in that program it made it possible for him to have the incident erased from his criminal record. Records of his arrest and criminal history were expunged making it impossible for the Clark County School District in Nevada to learn of his past history when he was hired there in 1996.
9/12/07 - Sentencing Postponed
On 9/11/07 District Judge Jackie Glass postponed the sentencing of Mark Zana to allow for further investigation into the possibility that a member of the jury had researched Zana on the Internet during the trial.
This information was provided to the judge’s staff by another jury member and requires a full investigation by the court.
Zana’s defense attorney Tom Pitaro, who has filed a motion for a new trial and says “There’s no doubt in my mind that he (the juror) Googled Zana.”.
Judge Glass has order all records containing juror names sealed, order the attorneys to have no contact with the former jurors and stated she intends to bring all 12 of them into court to and to question them separately to determine if the allegation is true.
12/20/07 - Sentencing
Today Mark Zana was sentenced to 22 years in prison without the possibility of parole for molesting female students and possessing child pornography.
Zana was unsuccessful in his attempt at getting his conviction over-turned because a juror researched the case online.
References:
Former Henderson teacher sentenced to 22 years (12/20/07)
Former Teacher Mark Zana Sentenced to 22 Years (12/20/07)
Clark County Elementary Teacher May Get New Sex Abuse Trial (9/12/07)
Former teacher found guilty of lewdness, child pornography (8/13/07)
Background:
Teacher Arrested for Child Pornography
Girls tell court of touching by teacher (12/07/07)
SCHOOL DISTRICT EMPLOYEES: Arrests raise concerns (10/01/05)
School District Responds to Arrests of Two Employees
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