People v. Luebbers CA3

FACTS AND PROCEEDINGS

Prosecution Case-in-Chief

Louisiana Schnell School is an elementary school located in Placerville. Joy Fausel was the school secretary. Dawn Cooper was the office clerk. Kara Tracy was a paraeducator (instructional aide) and food service worker. Sam Lacara was the school principal. Defendant was the janitor.

A. Monday, January 31, 2011

On Monday, January 31, 2011, defendant was “in a fairly good mood.” Cooper and Tracy recalled defendant joking and laughing and recounting his golf game with Lacara the previous day. That same day, Fausel, Lacara, defendant, and Superintendent Nancy Lynch prepared for interviews that were scheduled for the next day. The interviews were for the position of night janitor. Defendant was the day janitor.

2 B. Tuesday, February 1, 2011

On the morning of Tuesday, February 1, 2011, interviews for the night janitor position were conducted off campus at the district office. The interview panel included Lynch, Fausel, Lacara, and defendant. At the conclusion of the interviews, there was disagreement about who should be offered the position. Tension developed. Lynch, Fausel, and Lacara preferred one candidate, but defendant…