Motion to dismiss charge against former teacher accused of having sex with students denied

Posted at 4:31 PM, Feb 18, 2015
and last updated 2015-02-18 18:32:13-05

DAVIS COUNTY, Utah – A former Davis High School teacher who is accused of having sexual relations with juvenile students was in court Wednesday, where a judge denied a motion to dismiss the most recent charge brought against her.

Brianne Altice, 35, is accused of having sex with three teenage boys who were students at Davis High School, where she taught. Prosecutors allege some of the sexual relationships occurred after Altice had already been charged for having sex with a student.

Altice’s attorney filed a motion in earlier this year to dismiss one of the charges against Altice because they felt the prosecutors did not produce enough evidence during a preliminary hearing held in January. Her attorneys argued that the charge should be dismissed because they said Alitce was not in a position of authority over the boy connected to that charge.

“He testified that during his senior year, Ms. Altice was not his teacher, that her status as a teacher had nothing to do with their relationship, and that he did not feel that her status as a teacher in any way influenced his decision to pursue such a relationship or affected him in any other area of his life,” defense attorney Ed Brass wrote earlier this year.

Brass further alleged the student “testified that he was the aggressor” in the relationship. Click here for more details from the hearing in which the attorney argued the charge should be dropped.

Wednesday, a judge denied that motion.

Altice faces a total of 14 felonies, which includes five counts of first-degree felony rape.

Click here for FOX 13 News’ ongoing coverage of this case.