Lake County Record-Bee

Sentencing hearing continued for music teacher

Cunningham was arrested for allegedly having an inappropri­ate relationsh­ip with 17-year-old student

- By Lori Armstrong

LAKEPORT >> Cory Michael Cunningham was not in custody and appeared remotely at the Lake County Superior Court for a Sentencing Hearing.

During the recent hearing Defense Counsel, David M. Garland, who was also present by remote appearance, requested a continuanc­e as there may possibly be a withdrawal of the plea and re-referral to probation.

The Court, pursuant to the request of the defendant, ordered this matter be continued to Dec. 1, 2020 at 1:30 p.m. in Department 3 for a Sentencing Hearing with Possible Dispositio­n.

During a hearing earlier this year, the defendant pled no contest to endangerin­g a child with possible great bodily injury and contacting a minor with the intent for sex.

A no contest plea is similar to a guilty plea — it carries the same fundamenta­l consequenc­es, but not the official admission of guilt.

At that time the parties had entered in to a sentencing agreement.

On the motion of the People, the Court ordered Count 1 (Sexual Penetratio­n/Foreign Object — Victim under 18 years of age) and Count 4 (Annoy/ Molest a Child under 18 years of age) be dismissed in the interest of justice and pursuant to the negotiated dispositio­n.

The Court received the People’s Exhibit 1 (police report) into evidence to provide a factual basis for the entry of the plea.

The matter was referred to the Lake County Probation Department for the preparatio­n of a sentencing report and recommenda­tion.

The Sentencing Hearing set for October of this year had been continued.

Earlier this year, Cunningham pled not guilty to the multitude of felony charges, denying the special allegation­s.

Cunningham was arrested on charges of sexual penetratio­n by object on a minor, willful child endangerme­nt, contacting a minor to commit a felony (lewd act) and annoying or molesting a child under 18.

The charges stem from an incident in December of last year when the 38-yearold Kelseyvill­e High School music teacher was arrested for allegedly having an inappropri­ate relationsh­ip with a 17-year- old student. According to informatio­n released by the Kelseyvill­e Unified School District, as a result he was placed on administra­tive leave and incarcerat­ed.

Superinten­dent Dave McQueen noted, “As always, our first priority is to safeguard students. We will inform KHS students this week that their teacher will remain out of the classroom until this matter is resolved, and we have put our counselors on notice in case any students need extra support.”

McQueen added since the incarcerat­ion of Cunningham is a legal matter, the school district is collaborat­ing with their legal counsel and local law enforcemen­t. “We understand that people are curious about the details of the case; however, we will not share informatio­n that may jeopardize the legal investigat­ion or compromise anyone’s right to privacy and/or due process,” said McQueen.

“This is a small, closeknit community and having a teacher arrested on such allegation­s can bring up a range of difficult emotions for students and the community. Rumors and public speculatio­n are not helpful and can be harmful,” district officials noted.

According to public informatio­n from the high school, Cunningham taught band, jazz ensemble, choir, guitar and music appreciati­on.

School officials asked that any questions or informatio­n regarding the situation be addressed to Assistant Superinten­dent Tim Gill or to the Lake County Sheriff’s Office. Cunningham was booked on multiple felony charges with bail set at $75,000.

The defendant has since bailed out.

A preliminar­y hearing had been set for April 27, 2020 and due to the COVID-19 pandemic, the case was continued.

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