(07/16/08 – Initial BBT Report)
Michael Berchtold , 32, a third-grade teacher at Joseph Widmer Jr. Elementary School in Lathrop, California has turned himself in and been arrested on two counts of lewd or lascivious acts with a child under 14 and three counts of annoying or molesting a child.
There are three alleged victims, females ages 8 and 9, who were enrolled at the school at the time of the alleged incidents.
Investigators with the San Joaquin County Sheriff’s Department say the investigation is ongoing and additional charges are possible.
07/13/09 – Guilty Plea
Michael Berchtold, in a plea deal with prosecutors, has pleaded guilty to one count of lewd acts upon a child. In return for that plea, prosecutors dropped all other charges.
Berchtold entered into the plea deal one day before jury selection was to begin for his trial in Stockton Superior Court.
Berchtold is due back in court on August 18 following completion of a probation report.
References:
Teacher takes plea deal in student molest case (07/10/09)
3rd Grade Teacher Accused Of Molesting Students (07/16/08)
Lathrop Teacher Facing Child Sex Allegations (07/16/08)
Local Teacher Charged With Lewd Contact (07/16/08)
Entries (RSS)
I believe in Mr. Berchtold. This court system is not working for the people. I have witnessed and can tell you right now that a person is charged for a crime based on accusations before any thorough investigations are done. You are just unlucky if you get into that situation. You will be stuck with paying legal fees for numerous postponements either for court readiness or conflict of schedules between the prosecutor or your own lawyer. This is what you called intolerable cruelty which is not physical but mental.
In Mr. Berchtold’s case, he got a very irresponsible lawyer. If any of the readers here ever get into legal trouble, you should make sure you do not appoint this lawyer who has done nothing but to make sure his client enter a guilty plea for a crime that I believe he knows Mr. Berchtold based on his marvelous performance at the preliminary hearings.
His lawyer had no intention to defend his client. The reason I know is because he did not interview any potential witnesses prior to the last trial. How could he know these “WITNESSES” he contacted by phone to testify at court would really be relevant to his case.
Many postponements were due to his lawyer’s unavailability. This case was supposed to be heard since this March. This lawyer made sure his client wear complete suit to court under the hot summer. He and his supporters waited hours and found out every time that nothing was about to happen due to another postponement. Again, he had to pay for legal fees just for that. His lawyer made easy money and I look down upon the justice system.
I wish all this would stop, TWorld, you don’t know mike, he would never do something like this. please, think before you post on this website slander against someone you don’t know. what if this was happening to you or your friend? the truth will come out, i can’t wait. i look forward to the day when all of you who have posted things against mike SEE THAT YOU ARE WRONG!
Ignorant comment, TWorld. “Inconvenience” hardly describes what a defendant goes through. Here’s a link to another case that shows everything that can go wrong including coached child witnesses and jury misconduct. The case has been going on for over two years. Every jury trial is a roll of the dice against such issues and it can ruin a person financially. http://badbadteacher.com/albert-scerbo/#more-312
I love the argument that he pled guilty because he was tired of the inconvenience of a trial. BOOLCHIT!!! He pled guilty because he was guilty, in some form or fashion, of what he was accused of doing. Had he been found guilty, the slap across the teeth he would’ve gotten would’ve been a lot harder than what he’s looking at for honing up to his actions.
(post 68) “One of the girl[s] said that Mr. B touched her vagina everyday in the classroom.” That says all we need to know about the credibility of the case against Mr. B. The timing of the accusation amidst the flurry of rumors also stinks of a cooked story. It is truly sad that the system is so stacked that someone can be forced to plea out based on such uncorroborated, inconsistent, and, frankly, absurd testimony. It is also sad to see the division that the case has put upon the town of Manteca. This is the kind of stuff docu-dramas are made of.
There was a time when I was considering the teaching profession after a stint as a sub. Now I’m glad I didn’t invest myself in that path.
Survival tip for male teachers: Trust no one. Be cold and robotic.
NOTES TO WEBMASTER: The full names of two posters are disclosed in posts 39, 52, and 57 in violation of policy. Also, in light of the issues surrounding no contest pleas, the use of “guilty” flags is inflammatory and inaccurate and should be discontinued.
Webmaster comment: I have edited comment #39 in this thread. I see no need to do so with comments 52 and 57.
When a person enters an Alford plea (no contest) and the plea is accepted by the court the defendant is found “guilty” and sentenced accordingly. Only a person found “guilty” in a court of competent jurisdiction may be sentenced in a criminal case. Therefore when a person enters an Alford plea they are in every sense of the legal and corrections systems “guilty” therefore we use the “guilty” flag in such cases.
Thank you “Peter Cottontail”.
Yes, that is exactly the way our justice system works…BUT I am wondering if you are a teacher? because if you are, then you must know how hard it is to appear to be a kind and compassionate teacher without being jumped on. Teaching now days is probably the hardest profession because of kids “misinterpreting” (or parents causing them to misinterpret) a teacher’s kindness and compassion for his/her students. God be with all those who have to go through anything like what Mike is going through.
This rabbit agrees with the Angry Teacher regarding the guilty plea, and the individual “Somebody” knows absolutely NOTHING about how “justice” is carried out in this country.
Tell me, stupid “Somebody,” when the prosecutor reduces a crime from a 1st degree to a 3rd degree, does that me that the defendant must therefore be innocent of the original charge? Only a fool would go for a not guilty plea no matter how innocent he is when the stakes are set too high. This is especially true in situations where one lacks a defense, such as witnesses.
The cards are stacked against any teacher brought up on crimes against minors. Any decent attorney will tell you that. The best policy to follow is NOT to allow yourself to get into potentially dangerous situations in the first place; e.g., never lock your doors, never be alone with a student, never hug nor place your hand on a student, never use sarcasm, never tell dumb jokes that can be misinterpreted, never stare nor follow any student with your eyes, and never pretend that you are just like one of them!