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Band director enters ‘not guilty’ plea

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Samohi’s Hammer ordered to stay away from victim, minors until case resolved

LAX COURTHOUSE — A Santa Monica High School band director pleaded not guilty on Friday to two felony charges stemming from an alleged sexual encounter with a 15-year-old girl.

Assistant band director Carl Hammer, 37, has worked in the local school district for nine years. He was arrested in August following months of investigation and immediately posted $40,000 bond. A bail review hearing is scheduled for Oct. 19 and Hammer is due to stand preliminary trial next month.

Hammer and the victim were neighbors. The girl’s family attended Friday’s hearing, her sister shaking her head and the mother whispering “liar, liar” under her breath as Hammer’s plea was recorded.

“As the mother of the victim, we don’t want him to hurt any other child — and due to his distinction as a teacher, shame on him,” the distraught mother said after Hammer’s arraignment. The Daily Press is not identifying the victim’s family to protect the identity of the 15-year-old girl.

Hammer, wearing a dark, pin-striped suit and carrying a black backpack, declined to comment on Friday. He was accompanied to court by his wife Jennifer, his father and attorney Vicki Podber-esky.

In addition to recording Hammer’s plea, Los Angeles Superior Court Judge T.K. Herman ordered Hammer to stay 100 yards away from the victim and not associate with minors, except his own children, who attend local schools. Though the victim was not a Samohi student, her siblings are.

Samohi’s award-winning band is widely respected, thanks in part to the tutelage of department chair Terry Sakow and Hammer, who also played trombone for the Santa Monica College orchestra. The Samohi orchestra traveled to Europe last year; the marching band performed in Washington, D.C.

The investigation into Hammer was conducted by the California Department of Children and Family Services and the Santa Monica Police Department. On July 8, the SMPD was contacted by the department of children and family services regarding a child abuse investigation, according to SMPD Lt. Frank Fabrega. Police then conducted their own investigation and issued a warrant for Hammer.

The two charges stem from an alleged encounter on July 6.

Hammer was immediately put on paid leave by the district and will remain there indefinitely, according to the terms of his contract, said Superintendent of Schools John Deasy after the arrest.

While attorneys prepare to try Hammer’s case, another Samohi teacher is expected to appear in court next week on underage sex charges. Mike Hearn, also 37, an assistant football and basketball coach, was arrested this summer for his alleged relationships with three different underage girls. Hearn has pleaded not guilty to nine felony charges stemming from those relationships.

Originally published in the Santa Monica Daily Press print edition on October 9, 2004. Read the original PDF.

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