With prospective jurors waiting upstairs at the Saratoga County courthouse on Monday, Nov. 26, Christopher Culver, 33, pleaded guilty to 49 counts related to sexually abusing eight young boys in his kindergarten and first-grade classrooms at Shenendehowa central schools.
The 11th-hour switch from his not guilty plea at his arraignment in July stunned prosecutor Jennifer Jensen, who expressed her fury at Culver for allowing the trial to proceed to the point of preparing the young students to testify at the criminal trial.
We had the kids in here over their Thanksgiving break to get them used to the courtroom, said Jensen, standing in the halls outside the courtroom following the short court session. `They sat in the witness box to prepare themselves. I’d heard about a possibility of him changing his plea, but I never thought he had the courage to do it.`
`This is not a plea bargain,` said Saratoga County District Attorney James A. Murphy III. `This was as if the jury came back with a guilty verdict on every single count. The sentencing is in the hands of the court now, but we believe the interest of justice has been preserved.`
Jurors arrive
Before 9 a.m., in the drizzly cold rain, people carrying jury summons cards lined up at a side door at the court complex in Ballston Spa to pass through a metal detector and have their bags searched by security officers. A couple of curious area residents, who declined to give their names, heard about the case on the news and showed up to see it for themselves.
Once inside, the people summoned were ushered directly upstairs in the subdued atmosphere of the brick courthouse. Members of the press were allowed into the courtroom early, where Judge Jerry Scarano held routine proceedings including processing DWI and lesser convictions. Just before 10 a.m., Christopher Culver entered the room and sat at the defense table. Wearing a baggy dark suit and his trademark wire-rimmed glasses, Culver made no eye contact with his estranged wife, Christine, and his father, Robert, who sat together in the last row of the audience seating. Culver showed no visible emotion but appeared pale and intent.
Culver admits guilt
Culver’s attorney, Terence Kindlon, was the first to speak after Scarano re-entered the courtroom following a brief intermission.
`At the time of the arraignment, my client entered a not guilty plea, and he would now like to change that to guilty on each count, covering the entire indictment,` said Kindlon.
By pleading guilty, Culver now faces a sentencing of 12 years in jail, three years of post-release supervision, mandatory compliance with the state sex offender registry, and an additional $1,370 in fees. Scarano also stated the existing orders of protection barring Culver from any contact with the victims will not carry permanent status.
`No one can force you to plead guilty, you must do so freely and voluntarily,` Scarano advised Culver. `You must be aware of your Fifth Amendment rights against self-incrimination. These are felony charges, and if you enter a guilty plea and are convicted of another felony within 10 years, you will go to state prison.`
Scarano read the entire slate of charges, including 29 counts of first-degree sexual abuse with a child under the age of 11 from a time period of September 2006 through February 2007. He also read the dates of each of the 29 criminal acts, for which Culver was required to admit his guilt for each count.
Breaking down, Culver sobbed uncontrollably and rocked back and forth on his heels.
`Try to compose yourself,` said Scarano, offering Kleenex.
Culver answered the additional charges of nine counts of second-degree sexual misconduct against a child, and eight counts of endangering the welfare of a child `likely to be injurious to the physical, mental or moral welfare of a child.`
Jenkins asked the court to have Culver surrender his teaching license and resign from the Shenendehowa district, as well as having bail revoked and Culver sent immediately to jail. Jenkins had requested on Friday, Nov. 23, that Culver hand over his passport and birth certificate.
Kindlon said the license revocation would be discussed at sentencing and the personal identification papers were at Culver’s former residence in Clifton Park, inaccessible to Culver.
Scarano set a sentencing date of Monday, Jan. 21, at 10 a.m. at the county courthouse. Culver’s bail was exonerated, and he was escorted out by police for immediate transfer to jail. Culver turned to look at his family members before being led out.
The entire proceeding took about 40 minutes.
Defense attorney: this is admission of guilt
`Make no mistake about it, he was guilty,` said Kindlon to reporters after the courtroom proceedings. `This case was try-able, and we reasonably expected acquittals on some of the indictments, but (Culver) insisted on pleading to the entire count because he didn’t want to subject the victims to being witnesses at a trial. There were some deficiencies and infirmities in the case presented by the D.A., which we could have capitalized on, but he decided to plead guilty on the charges from stem to stern.`
Kindlon estimated Culver is likely to serve 85 percent of the 12 years likely to be set at his sentencing in January.
As to Culver’s breakdown in the courtroom, Kindlon replied, `He’s a very sensitive human being; he was a teacher who voluntarily taught disabled children in California,` said Kindlon. `Parents were very eager to have him as a teacher for their children.`
Kindlon declined to detail the possibility of Culver requiring mental health assistance, but suggested the matter could arise at sentencing.
`As an observer, I must say that sometimes people are overpowered by things out of their control,` said Kindlon. `This isn’t an appropriate time to discuss psychological treatment, but it could come up in January.`
Prosecutors react
Jensen said she became concerned about Culver possibly becoming a flight risk over the Thanksgiving holiday, and came to court ready to ask his passport be rescinded, but that the change in plea from not guilty to guilty was completely unexpected.
`This is a bittersweet victory,` said Jensen.
Jensen credited the eight young boys for their courage in a nightmarish set of circumstances.
`If you looked up the word `hero,’ underneath it would be the names of these eight little boys,` said Jensen. `This community owes them an enormous debt because they prevented this monster from perpetrating crimes against other children. They drew together and leaned on one another. In many ways, I saw these boys be even stronger than their parents. They never wavered.`
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