Dayton Daily News

AUTISM PART OF DEFENSE FOR EX-GYM TEACHER

John Hopkins faces 36 felony sex charges for alleged actions involving 28 first grade students.

- By Lawrence Budd Staff Writer

Lawyers for the ex-Springboro gym teacher facing 36 felony sex charges stemming from alleged acts on his firstgrade students want to disprove his sexual gratificat­ion through evidence showing he is autistic.

John Austin Hopkins’ lawyers indicate they plan to call Frederick Peterson, a local psychologi­st, to testify on “a diagnosis of Autism Spectrum Disorder which has a significan­t bearing on the main issue in this case of sexual gratificat­ion,” according to a motion filed in the case.

The trial of Hopkins, 25, of Springboro is scheduled to begin Monday.

He is accused of gross sexual imposition involving 28 first-grade girls during his gym class at Clearcreek Elementary School from December 2018 to March 2019.

Also in anticipati­on of the trial, Judge Robert Peeler completed a questionna­ire used to select the jury after lawyers in the case were unable to complete the pretrial assignment.

David Allen Chicarelli, the elder member of the father-son team representi­ng Hopkins, said Peeler completed the questionna­ire because “the prosecutor didn’t like a lot of the questions” he proposed. Chicarelli indicated he was “very happy” with the judge’s questionna­ire.

Warren County Prosecutor David Fornshell declined to comment on the autism defense. He said prosecutor­s objected to questions that were “editorial in nature.”

In his order following Wednesday’s hearing, Peeler also set rules separating witnesses and barring them from viewing a live video feed of the court used by prosecutor­s.

The Chicarelli­s also filed a motion urging Peeler to “prevent the cumulative testimony of the alleged victims’ parents on the grounds that it is inadmissib­le hearsay” more “prejudicia­l” than of value as evidence.

Prosecutor­s have indicated they plan to call up to 28 parents during the trial in Warren County Common Pleas Court.

The trial, scheduled for five days, is expected to begin with jury selection. Then the prosecutio­n would make its case.

School surveillan­ce video from Hopkins’ classroom, hours of which were reviewed before the charges were filed, is expected to be a major aspect of the prosecutio­n’s case.

Video evidence shows Hopkins putting his “bare hand up multiple children’s shirts,” a skirt, “nuzzling into the neck of several children” and “spreading several children’s legs to have the children straddle his crotch,” according to a prosecutor­s’ memorandum.

As many as five of the alleged victims have been selected to testify. Forensic specialist­s who interviewe­d the first graders are also expected to testify for the prosecutio­n and be challenged by the defense.

In an earlier pretrial motion, Hopkins’ lawyers compared his actions to those of Santa Claus lis

tening to children describe what they want for Christmas while seated on his lap.

At the time, Fornshell responded: “I’m not sure what Santa Claus he took his kids to,” prompting the elder Chicarelli to say the prosecutor’s response was inappropri­ate.

A picture of the younger member of the defense team, David Anthony Chicarelli, on Santa’s lap at a holiday fundraiser was posted on social networks. Parents of the alleged victims expressed outrage.

Hopkins, a graduate of

Springboro schools and son of a longtime Springboro teacher, also coached swimming at Coffman Y in Springboro, prior to the case.

He is wearing an electronic monitor while on house arrest at his parents’ home.

A lawsuit filed against the school district, employees and Hopkins on behalf of some of the 88 families with children whose videos with Hopkins were presented to a grand jury is stalled in federal court.

If convicted, Hopkins faces up to five years in prison on each charge.

 ??  ?? John Austin Hopkins
John Austin Hopkins

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