![]() |
||||||||||||||||
|
|
|
|||||||||||||||
|
|
|||||||||||||||
| Teacher performed oral sex on student, ex-pal says | ||||||||||||||||
|
||||||||||||||||
|
FORT LAUDERDALE, Fla. The former best friend of a teenager who says he had sex with his teacher when he was 15 years old testified Friday that he saw defendant Beth Friedman perform oral sex on the boy. The testimony of Steve Erb, now 20, both corroborates and contradicts Donald Vaden's claim that Friedman performed oral sex on him in her car. Erb, who had a friendship-ending falling out with Vaden in 1999, remembered the alleged incident differently than Vaden during the eighth day of Friedman's statutory rape trial. Vaden testified Dec. 3 that the oral sex happened while he, Friedman and Erb were seated in Friedman's parked Jeep Cherokee at a drive-in movie theater. Erb testified Friday, however, that he witnessed oral sex while the trio was en route to an amusement park in Tampa. According to Erb, Vaden, then 15, was driving and Friedman was in the passenger seat. He said the teacher, who faces up to 76 years in prison if a jury believes the testimony of Vaden and Erb, leaned over into her underage student's lap. "The next thing I know I see her giving him oral sex," Erb testified. The evidence is important for prosecutor Stacey Honowitz. Other than Erb, no witness has testified to seeing any sexual act, and Friedman denies the sex ever occurred. Also, in addition to having the burden of proof, Honowitz's case is handicapped by Vaden himself. He admits to being a high school dropout, problem student, drug abuser and car thief. Anticipating a line of questioning yet to come from the defense, Honowitz asked Erb about a statement he had made in a pretrial deposition. Erb said that Vaden told him that he was going to "set her up," referring to Friedman. Erb apologized for saying that, explaining that he should have also mentioned that the comment was made during one of the many times Friedman and Vaden were arguing. Asked how he knew that Friedman and Vaden were having a girlfriend-boyfriend relationship if they were arguing all time, Erb said he saw them holding hands and more. "She was giving him head," Erb testified, referring to oral sex. Erb, however, came apart during cross-examination. Referring to Erb's pretrial deposition often, defense lawyer David Bogenschutz got Erb to admit that he testified much differently last year. For example, Erb said then that he, Friedman and Vaden smoked marijuana together regularly. On the stand Friday, he insisted that she never took drugs of any kind in his presence. "Yes, sir. It was clearly a lie," Erb told Bogenschutz. Bogenschutz tried to show that Erb told police one thing when he and Donald Vaden were friends, another during the pretrial deposition and still another during the trial. "All these little things you showed me are not really about the case," Erb said. Bogenschutz responded, "Would you agree with me that it is about recollection ... and would you agree with me it is about truth?" Erb also contradicted Vaden's testimony by denying on the stand that his friendship ended over a marijuana deal between Vaden and Erb's father. Vaden testified that the friendship ended because he was forced to throw some of the half pound of marijuana he purchased for Erb's father out a car window when a police officer pulled him over for traffic violations. Erb's father, Steven Burroughs, testified Wednesday that no such drug deal occurred. He insisted that Vaden stole $250 off his dresser and that he had made it clear, at gunpoint, that Vaden was no longer welcome in his mobile home. "I don't think it was about drugs. It was about money," Erb testified. "I can't be sure." As he was summing up his cross-examination, the defense lawyer asked, "Do you have the foggiest idea what the truth is, sir?" "Yes," Erb responded, "The truth is ..." Bogenschutz interrupted with, "Nothing further." Prosecution rests The prosecution's last witness, Florida Highway Patrol officer Dan Willix, testified that Friedman often showed up at the arcade where he worked as an off-duty guard in the company of Donald Vaden and another boy. Willix said Friedman often paid $100 for a "family package" of arcade and grand prix tickets. "Their relationship was strange. It was just not normal," Willix testified. The prosecution rested at 3:50 p.m., and a defense motion to dismiss the charges for lack of credible evidence was denied by Kaplan. Bogenshutz, who had reserved his right to present an opening statement later in the trial, began delivering his comments Friday afternoon and was expected to call his first witness before the end of the day. |
|
|||||||||||||||
|
||||||||||||||||