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# Hammer accepts plea bargain
- URL: https://www.smdp.com/hammer-accepts-plea-bargain/
- Published: 2005-06-22T15:00:00.000Z
- Updated: 2026-10-23T07:16:50.000Z
- Author: Ryan Hyatt
- Tags: Crime, Santa Monica Airport, #archive-import

*Sentencing for Hammer case set for July 15*

LAX COURTHOUSE — A Santa Monica High School band director who was facing felony charges for having a sexual encounter with a teenaged girl pleaded to a lesser charge on Tuesday, thereby escaping jail time.

Attorneys said they have reached a settlement agreement in the underage sex case against Carl Hammer, who is in his mid 30s. A last-minute agreement was reached between prosecutors and defense attorneys at the Los Angeles Airport Courthouse to avoid a trial.

Hammer pleaded no contest to a felony charge of false imprisonment related to a sexual encounter that allegedly occurred with a 15-year-old girl on June 6, 2004.

Hammer worked in the Santa Monica-Malibu Unified School District for nine years before his August 2004 arrest. Hammer, who was widely respected within the community, is on leave from his position with no pay.

Deputy District Attorney Eva Jabber said by pleading no contest to the false imprisonment charge, Hammer avoids facing at least three years in prison and the status of being a registered sex offender for the rest of his life.

As a result, Hammer is set to receive five years of probation and one year of counseling. He will be required to sleep 60 days in a residential facility, from which he could leave for work during the day.

Also as part of the agreement, Hammer for five years must stay out of contact with the victim, who was a neighbor, as well as all minors not related to him, unless accompanied by an adult.

Sources said it would be up to the school district to decide if Hammer could resume teaching during his probation. If he does, a teacher assistant would likely have to be in the classroom with him.

John Deasy, Santa Monica public schools superintendent, said district and union attorneys would have to review the exact language of the agreement before a course of action is decided.

Los Angeles Superior Court Judge Joseph Shiro Biderman is expected to sentence Hammer on July 15\. The victim’s family said they wouldn’t comment until then.

Richard Hirsch, Hammer’s attorney, said the decision to pursue a plea bargain was due to the uncertainties of a jury trial.

“Considering the horrible consequences of going to trial was too much, we reached a compromise, while believing he is innocent,” Hirsch said.

Jabber declined to comment about the case or the evidence against Hammer.

Hammer and attorneys spent more than two hours shuffling behind closed doors Tuesday morning dealing with issues related to the case. Hammer, wearing a dark blue suit, appeared in court at 11:30 a.m. He was calm and clean shaven, and accompanied by an unidentified woman.

When entering his plea, Hammer had his hands folded behind his back.

On July 8, 2004, the Santa Monica Police Department was contacted by the California Department of Children and Family Services regarding a child-abuse investigation. Police then conducted their own investigation and issued a warrant for Hammer.

Hammer was freed immediately after his arrest on $40,000 bond. He pleaded not guilty in October of 2004.

The Daily Press is not identifying the victim or her family. Though the victim was not a Samohi student, her siblings are.

Hammer was placed on leave by the district. The court ordered him to stay 100 yards away from the victim and not associate with minors, except his own children, who attend local schools.

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.

“He is anxious to get this behind him and get on with his life,” Hirsch said. “He has had a distinguished career as a teacher.

“He is looking forward to moving on.”

*Originally published in the Santa Monica Daily Press print edition on June 22, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/062205.pdf?ref=smdp.com)