A former Leavenworth substitute teacher and high school basketball coach has pleaded not guilty to unlawful sexual relations with students.
The plea from Mohamed A. Dirshe, 26, followed a preliminary hearing Wednesday during which two teenage boys testified Dirshe had sexual relations with them while they were under the influence of alcohol.
Leavenworth County District Court Judge Gunnar Sundby ruled the evidence presented during the hearing met the standard necessary to have the case bound over for arraignment.
“Judge we can do arraignment today. He’s pleading not guilt to every count,” said Dirshe’s attorney, KiAnn McBratney.
Dirshe is charged with three counts of unlawful sexual relations and three counts of furnishing alcohol to minors for illicit purposes, all felonies.
The first witness called to testify during Wednesday’s preliminary hearing was a 17-year-old boy.
He testified he went with Dirshe to the defendant’s residence at 2302 Second Ave. on Oct. 19, 2007. The boy was 16 at the time.
The teen said he became “crazy drunk” and had sexual relations with Dirshe at the defendant’s urging.
The boy said he had been afraid of Dirshe and that the defendant tried to make him think it was his fault.
During cross examination by McBratney, the teen admitted he later talked to Dirshe on the telephone and asked the man to purchase alcohol for a friend.
McBratney showed the teen a transcript of a taped police interview. The attorney questioned why the transcript indicated he had sent a text message rather than speaking to Dirshe on the phone.
The teen said he might have been misunderstood when he was interviewed.
He also testified he had told a couple of friends what happened with Dirshe the day after the incident, but he didn’t tell his mother until January or February.
“I wasn’t really comfortable with letting it out,” he said.
The next witness, a 17-year-old boy, said he had met Dirshe before the summer of 2007 at Wal-Mart. The teen said Dirshe helped him and his mother reach something on a top shelf at the store.
The teen said his family befriended Dirshe and “pretty much adopted him.”
The boy said Dirshe worked as a substitute teacher at his school, Leavenworth High School.
The teen said he and Dirshe sometimes hung out and watched movies.
The teen testified he visited Dirshe’s home on Dec. 23 to help wrap Christmas gifts. The boy was 16 at the time.
The boy said he drank alcohol and later had sexual relations with Dirshe at the initiation of the defendant.
The boy testified Dirshe thanked him afterward and said it wouldn’t happen again.
The teen said he didn’t tell anyone about the incident. He said he was afraid because Dirshe was a big guy.
The boy also said he was embarrassed.
He said he continued to have contact with Dirshe.
The teen said he believed Dirshe when the defendant told him it wouldn’t happen again.
The teen said he went to Dirshe’s home a few days after Christmas after fighting with his parents. The boy said he had wanted to get away from his parents and drink alcohol again.
He became sick after drinking alcohol and later had sexual relations with Dirshe at the initiation of the defendant, according to the testimony.
The teen said he initially didn’t tell anyone what happened. He told his sister and then his parents in February. His parents then took him to the police.
County Attorney Frank Kohl didn’t call any other witnesses for the prosecution.
McBratney did not call any witnesses for the defense. She requested to submit written closing arguments.
Sundby said he didn’t think written arguments were necessary. He said he would listen to oral arguments from the defense attorney.
McBratney then argued the prosecution had failed to prove Dirshe had been a teacher or a person in a position of authority at Immaculata or Leavenworth High School.
“They just cannot rely on some weak testimony,” she said.
And without it being established that Dirshe had been in such a position of authority, the sexual acts involving the then 16-year-old boys were legal, she argued.
“They do not have it charged as rape,” she said.
Kohl explained after court that 16 is the age of consent in the state, but Dirshe is charged with unlawful sexual relations because he held positions of authority at the boys’ schools.
Despite McBratney’s arguments, the judge ruled the case against Dirshe shall proceed.
A pretrial conference was scheduled for Dec. 10.
Leavenworth, Kan. —
