Samohi sex charges stemmed from alleged encounter in July 2004
AIRPORT COURTHOUSE — An underage-sex case against Santa Monica High School band director Carl Hammer was delayed on Monday, and lawyers said they would continue exploring ways to settle the matter before trial.
Los Angeles Superior Court Judge William C. Ryan ordered Hammer to reappear in court on Feb. 25 for a preliminary hearing on two felony charges stemming from Hammer’s alleged sexual encounter with a 15-year-old girl. Judge Ryan is expected to decide then if the case should go to trial.
Hammer, who worked in Santa Monica public schools for nine years before his August 2004 arrest and was widely respected in the local music community, declined to discuss the case. He spoke during court proceedings only once, when asked by Judge Ryan if he was willing to waive his right to a speedy trial.
“Yes,” Hammer said quietly, nodding his head.
Vicki Podberesky, Hammer’s private attorney, said officials were discussing possible settlement arrangements while work continues on two reports that should be finished before the next hearing. One is a probation report completed for all defendants facing felony charges. The other is a special report for sex offenders that evaluates the accused person’s threat to society. That type of report is required for a defendant in a sex case to avoid serving time in jail, according to Podberesky.
“There are a lot of considerations here,” she said.
“There are a lot of considerations here.” — —VICKI PODBERESKY Defense attorney
Podberesky added that if she couldn’t reach an agreement with prosecutors, she was confident a jury would side with Hammer.
“I can’t give any comment (on the defense strategy) right now,” Podberesky said outside the courtroom. “If the case does proceed to trial, we believe we would be able to prove Mr. Hammer’s innocence.”
Hammer was freed immediately after his arrest on $40,000 bond. He pleaded not guilty in October. He wore a dark blue, pin-striped suit and carried a black backpack to Monday’s hearing. Hammer was accompanied to court by his father.
The victim and Hammer were neighbors. The girl’s family attended Hammer’s arraignment, her sister shaking her head and the mother whispering “liar, liar” under her breath as Hammer’s plea was recorded.
The Daily Press is not identifying the victim or her family. Though the victim was not a Samohi student, her siblings are. The sex investigation was conducted by the California Department of Children and Family Services and the Santa Monica Police Department. The two charges stem from an alleged encounter on July 6.
While the case works its way through the criminal-court system, Hammer has been placed on paid leave from the joint Santa Monica-Malibu school district and been ordered to stay 100 yards away from the victim and not associate with minors, except his children, who attend local schools.
Originally published in the Santa Monica Daily Press print edition on February 1, 2005. Read the original PDF.