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Lawyer: Victim out for money

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By David Giuliani

The lawyer for a former Robertson High School teacher and coach accused of having sex repeatedly with a student said Friday that the student made up the story because she is “dead-set on financial gain.”

Tom Clark, the attorney for Jay Quintana, said during the first day of his client’s preliminary hearing that the student, who has since graduated and is now attending college, lacks specificity in her claims against Quintana, who was her golf coach.

“Given the vague nature of these charges, you will have no choice but to dismiss these charges because there is a lack of probable cause,” Clark told Magistrate Judge James Moncayo.

He called the alleged victim’s motivation for financial gain the cornerstone of Quintana’s case. He was referring to the fact that the woman filed a tort claim with the Las Vegas City Schools district in January 2009, putting officials on notice that she planned to sue for damages. That’s how the Las Vegas police found out about the allegations.

Quintana, 49, of Sapello is charged with 14 counts of criminal sexual penetration and one count of criminal sexual contact. The district fired Quintana last summer.

Quintana is accused of having sex many times with the girl starting in her sophomore year and until after she graduated.

The defense plans to bring around 20 witnesses to the stand in an attempt to demonstrate that Quintana has alibis for the counts in which the state has provided more specific information.

For instance, one of the counts involves Quintana allegedly having sex with the girl during halftime at a home Robertson football game. But Clark contends that it couldn’t have happened because Quintana belonged to the chain gang at games.

Clark questioned lead Las Vegas police investigator Roy Pacheco about whether he interviewed people who could have verified the woman’s allegations. In cross-examination, Pacheco acknowledged that he hadn’t interviewed gate attendants, coaches or others involved in home football games about Quintana’s whereabouts.

The attorney also got Pacheco to admit that he hadn’t interviewed maintenance staff and other employees at Pendaries golf course about the student’s allegation that they had sex there as well.

Clark also questioned Pacheco about text messages and a recorded phone conversation between Quintana and the alleged victim. Pacheco said the communications were all after the girl turned 18 and had graduated, at which point any sexual relations would have been legal.

No one in the court hearing revealed the content of the texts or the phone conversation.

Pacheco was also asked by the prosecution and the defense about the collecting of evidence in the golf simulator room at Robertson, where Quintana allegedly had sex with the girl.  

During the hearing, it was indicated that male sperm was found in the golf room, but no one testified about whether it was Quintana’s.

The preliminary hearing resumes Wednesday. The magistrate judge will then decide if there is probable cause to bind the case over to District Court for trial.