Prosecutor defends indictment of former Sterling teacher

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Former teacher Charles Christopher's motion seeking to dismiss charges he tried to solicit sex from children on the grounds the indictment is too vague, is incorrect and should be denied, a federal prosecutor said. Christopher, 28, of Rock Falls, pleaded not guilty in May to two counts of attempting to entice minors to engage in "illicit sexual activities." The two "girls" he chatted with online were in reality an undercover Burlington, Iowa, detective seeking to bust online predators, investigators allege.

In his motion to dismiss, defense attorney Leon Spies contends that because the indictment does not specify which sex crimes Christopher could be charged with, it violates Christopher's Sixth Amendment rights by failing to sufficiently inform him of the accusations against him and should be dismissed. To support his argument, he lists nine Iowa state crimes of varying degrees of severity his client could have faced.

In his response, filed Wednesday in federal court in Davenport, U.S. Attorney Matthew G. Whitaker said the indictment specifies the essential element of the crime - that Christopher used a facility of interstate commerce, to persuade, induce, entice or coerce a minor to engage in sexual activities - and is in fact specific enough to protect Christopher from being charged again with the same crime, and facing double jeopardy.

The language in the indictment relating to "sexual activities" illustrates the element of intent; the indictment does not need to list the specific sexual crime with which Christopher could have been charged, had he been successful, but it does tell Christopher "the nature of the charges," Whitaker wrote.

A judge will hear arguments on the motion Aug. 13.

According to investigators, the former Challand Middle School teacher admitted using a school computer to solicit sex from whom he thought were 13-year-old and 11-year-old girls, in 16 conversations over a six-month period.

Christopher, also a Sterling High School wrestling coach, was arrested in October and fired in December, after the school district conducted its own investigation.

His trial is scheduled for Aug. 27.

Reach Joseph Bustos at (815) 625-3600 or (800) 798-4085, ext. 529.