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Popko comments on teacher sentencing

July 11, 2013

Professor Zig Popko of ASU's Sandra Day O'Connor College of Law was quoted in a July 10 article written by Scott Orr, titled, “Judge will decide sentence for former teacher who violated probation by downloading pornographic images,” in The Daily Courier in Prescott, Ariz.

A judge said she would decide the sentence of a former Bradshaw Mountain High School teacher who violated the terms of his sex-offender probation. This decision came despite the judge previously saying the defendant could have a jury make the decision if he wanted.

Popko said changing to a jury case now would pose some problems, such as the difficulty of proper witness selection.

"If the witnesses aren't around  because people have moved and they have no idea where they have moved to, or maybe people have died  it becomes harder to prove certain aggravating factors," such as victim impact, Popko said.

To read the full article, click here.

Popko is the founding director of the college’s Post-Conviction Clinic and teaches a sentencing seminar and workshop. He is a member of the State Bar of Arizona’s Rules of Professional Conduct Committee and a member of the federal District of Arizona’s CJA Panel Selection Committee.