Ex-Samohi band director hears from victim, girl’s parents at sentencing
LAX COURTHOUSE — A judge approved the settlement of an underage sex case involving Carl Hammer, while warning the former Santa Monica High School band director that his attitude will require “adjustment” if probation is to prove successful.
Hammer, 39, was sentenced on Friday following the terms of an agreement in which he pleaded no contest to a felony charge of false imprisonment related to a sexual encounter that occurred with a 15-year-old girl on June 6, 2004.
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. During the probationary period, any contact with minors will require adult supervision. Hammer will be required to sleep 60 days in a residential facility starting in August, from which he will only be allowed to leave during the day for work. He will also have to attend a restitution hearing on behalf of the victim in November.
Those involved in the case said it’s unlikely Hammer will return to work in the capacity of a music teacher in Santa Monica.
Judge Shiro Biderman, one of four judges who have been involved in the case as it made its way through the court system, noted Hammer has no prior record, while warning he would need to be diligent through his probation period to avoid any further mishaps with the law.
“For you to be successful in probation, your attitude will require adjustment,” Biderman said. “Your actions have created this situation, and I did not hear that in your statement.”
Hammer appeared in court wearing a light beige suit, blue-collared shirt and red tie. He appeared calm, as in his prior proceedings, but with noticeable bags under his eyes. Seven friends and family came to support him.
The victim, her mother and father arrived in court with more than a dozen family and friends. The young girl and her parents live next door to Hammer and were close with him, his wife and two children. They also attend the same church.
The victim, her parents and Hammer each spoke before his sentencing. It was a somber, emotionally-draining proceeding which lasted more than an hour.
ITS GRIEF, HOPE The victim’s mother conveyed to Hammer and the court how she and her family were becoming aware of Hammer’s transgressions more than a year ago. Prior to any legal proceedings, she confronted him about it one day outside their church steps.
“I looked you straight in the eye, and I told you that you owe (my daughter) and I an apology,” she said, staring at Hammer across the courtroom. “You said, ‘yes, ma’am.’
“I’m still waiting for that apology.”
The victim’s mother went on to describe how in the following weeks, once the investigation was underway, instead of the circumstances involving Hammer and his daughter’s relationship coming to light, her daughter had been threatened by Hammer “to keep her mouth shut.”
Meanwhile, Hammer and the victim’s family continued to attend the same church, as both families had done for years.
“You had the audacity to show up at the same church,” she said. “Do you know how hard it is to pray in the same temple with your daughter’s child molester?”
“Do you know how hard it is to pray in the same temple with your daughter’s child molester?” — VICTIM’S MOTHER
The victim said she spent the past year living in Utah, away from Hammer and her home. She described the pain she felt in the aftermath of her four-hour encounter with the former band director.
“You said, ‘I wish we could do this all night, but I’d be in deep doo-doo,’” she said, alluding to what Hammer told her during the incident. “Well, now you’re in deep doo-doo.
“You said, ‘I wish we could do this all night, but I’d be in deep doo-doo.’ Well, now you’re in deep doo-doo.” — TEEN-AGED SEX CRIME VICTIM
“I wonder if you have ever told the truth about the abuse.”
The victim’s father said over the course of the year he had learned to recognize a growing circle of pain between relatives, friends and community members aware of the circumstances driving the two families apart.
“I’ve watched loving people, still in ignorance, come into that circle of pain,” he said. “I thought, ‘you do not know it yet, but now you will.’
“I look forward to this pain becoming a sobering memory.”
Hammer turned toward the victim’s family and court and spoke at length about the support he has received from the community during the proceedings.
“I’d like to take this opportunity to express my deep-est sorrow and regret over this incident,” Hammer said. “I apologize with the deepest part of my being.”
Hammer indicated that he accepted the plea agreement in order to prevent further hardship for those associated with the case. He mentioned the emotional and financial toll the case has had on his family, forcing them to rely on the charity of others.
Hammer and his wife and children continue to live next door to the victim and her parents. During the past year, he has been on non-paid administrative leave. Samohi’s award-winning band is widely respected, thanks in part to the tutelage of department chair Terry Sakow and Hammer.
Although he must stay 100 yards away from the victim, sources said Hammer’s financial situation, along with having a felony on his record, will make it difficult for he and his family to move on.
“The prospect for teaching again is bleak,” Hammer admitted.
Originally published in the Santa Monica Daily Press print edition on July 16, 2005. Read the original PDF.