Hearing for KHS teacher continued
LAKEPORT >> Cory Michael Cunningham was present by remote appearance and not in custody at the Lake County Superior Court in Lakeport for a Sentencing Hearing.
Victim Witness advocate, Jaime Nunn, was present via remote appearance with the victim.
The Court believes the defendant must have a 90-day diagnostic evaluation at San Quentin. The 90 Day Diagnostic is a tool used by the court to get the opinion and evaluation of the California Department of Corrections as to whether a defendant is a suitable candidate for probation or should be sentenced to state prison. There was discussion on possible alternatives.
Defense Attorney David M. Garland requested a continuance as he needs further discussion with his client, the defendant Cory Cunningham.
Nunn states that the victim opposes any type of continuance as there is further discussion on continuing the sentencing date to the soonest possible date.
Garland was instructed to e-mail his calendar to the Court. Upon receipt of Mr. Garland’s calendar, the Sentencing Hearing has been set for Wednesday Feb. 17, 2021 at 2:30 p.m. in Department 2.
The defendant is ordered to be present.
During the Possible Withdrawal of Plea and Entry of New Plea Hearing in December of last year, the parties stipulated that the defendant may withdraw his previously entered pleas and plead to a new sentencing agreement.
The defendant now enters a no contest plea to Count 1 (Sexual Penetration/Foreign Object — Victim under 18 years of age) and Count 3 (Contact Minor with 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.
The Court accepted the defendant’s plea and on the motion of the People, the Court ordered the balance of the charges dismissed in the interest of justice — pursuant to the negotiated disposition.
Parties agreed that the defendant is eligible for home monitoring.
The Court received the People’s Exhibit 1 (police report) into evidence to provide a factual basis for the entry of the plea.
The defendant was given the California Department of Justice, Bureau of Firearms, Power of Attorney for Firearms Relinquishment, Sale or Disposal — Declaration Form (BOF-110) along with Prohibited Person Relinquishment Forms.
The defendant was instructed to provide the forms to one of the designated Lake County Probation Officers listed on the front of the form’s packet.
The matter was referred to the Lake County Probation Department for the preparation of a Supplemental Pre-Sentencing Report.
During a hearing held earlier last year, the defendant pled no contest to endangering a child with possible great bodily injury and contacting a minor with the intent for sex.
The previous agreement was — 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.
At that time Defense Counsel, David M. Garland, requested a continuance as there may possibly be a withdrawal of the plea and re-referral to probation.
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.
The preliminary hearing that was set for April 27, 2020 was continued due to the COVID-19 pandemic.
“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.”
— Superintendent Dave McQueen