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COLLIER COUNTY — Lawyers for former Gulf Coast High School band director Robert Hamberg will be in an appeals court today, arguing for a new trial on charges of having sex with a student
Hamberg, 55, is serving a 30-year prison sentence after he was convicted in April 2011 on eight counts of lewd and lascivious battery for carrying on a sexual relationship with a then-15-year-old freshman.
Court records show Hamberg's lawyers have listed seven points they're arguing before the 2nd District Court of Appeals at 11 a.m. in Lakeland. Here's a breakdown of three key questions, along with arguments derived from the briefs from both sides:
Question: Should prosecutors have been allowed to introduce testimony at trial about Hamberg's relationship with his wife, whom he met while he was a high school band teacher in Georgia and she was a student?
Argument: Before the trial, Collier Circuit Judge Fred Hardt ruled prosecutors couldn't ask Hamberg about meeting his wife because no evidence had been presented of an improper sexual relationship while in Georgia.
But during the trial, Hardt ruled Hamberg "opened the door" to such questions because Hamberg testified, "I was naive, and although I'd heard about teachers putting themselves in dangerous positions, I never thought it would happen to me…"
The phrase "opening the door" refers to allowing previously inadmissible testimony when a witness misleads a jury. Prosecutors said Hamberg had previously spoken about leaving Georgia because of perceptions about his relationship with his wife, making his comments about being naive misleading.
In their appeal, Hamberg's lawyers argue prosecutors didn't show the required "legitimate need" to correct Hamberg's testimony, saying his statement "had little — if any — impact on the State's case."
Question: Should Hamberg's ex-wife have been allowed to testify about whether Hamberg could physically French kiss and perform oral sex?
Argument: When Hamberg testified he couldn't perform either act due to a "tied tongue," prosecutors called Hamberg's ex-wife, Jacqueline Rush, as a rebuttal witness, even though she wasn't listed on a witness list.
On appeal, Hamberg's lawyers say Rush's absence from a witness list meant his defense couldn't speak with Rush or research her motives before the trial. They also argue not enough time was given to find a medical expert to refute Rush's testimony.
Prosecutors say Rush was made available to Hamberg's lawyers before the trial, and his defense had nearly two years to prepare for trial and find a medical witness.
Question: Should a jury have been allowed to hear testimony about the victim's sexual history?
Argument: One theory Hamberg never presented at trial was that the victim lied to investigators to cover up a sexual encounter she had with a fellow student.
Before the trial, Hardt said the victim's sexual history was irrelevant to the case, making it inadmissible. Prosecutors said the victim is protected under the state's "rape shield" law, which outlines when a victim's sexual history can be detailed at trial.
Hamberg's lawyers argue he should receive a new trial because in this case, the "rape shield" law can be disregarded if it interferes or prevents a defendant from presenting a "full and fair defense."
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Dining Out: The Local
Catch of the Day: May 23, 2013
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Comments » 69
ballinemt writes:
Hey Robbie, we missed you at the Gulf Coast 10 year reunion this summer. We actually shared many "band camp" stories in your memory
GeezOhPete writes:
I guess he's had enough of being someone's boy toy in the crow bar motel, so now he's crying foul.....he got what he deserved and should get more.......
mwyatt22 writes:
It's "Gray Bar Motel", just sayin.
staghorn writes:
Hey Robert, drove past your former Village Walk home the other day. Those flowers you planted outside are blooming! Do you still use Nice-n-Easy #114 in prison?
Spock_is_logical writes:
Lawyers are scum and judges and politicians are too. Its ALL about the money in our justice system.
Live long and control your photon torpedo...
NaplesHotTamale writes:
Are you guys kidding?! This guy got railroaded during his trial and this is finally a chance to set things right. 2 points: First, that girl has to be over 18 now, so I'm not sure what all the fuss is even about in 2013. Second, it was shown in the trial that she wanted it so it's not like he forced it on her (if anything happened at all). Case dismissed.
Robertofnaples writes:
I'm thinking a new trial will be granted. To many loose ends, here. He should be allowed to introduce facts previuosly ruled inadmissable. A trulyfair trial seemed not to have taken place
bbriggs300 writes:
(This comment was removed by the site staff.)
NaplesHotTamale writes:
(This comment was removed by the site staff.)
NaplesHotTamale writes:
This is exactly correct, you all have no clue what it was like to have something so young and soft and sweet put right in front of you like a spinner lure in front of a bass. Thank you for speaking up for this genuine man of music Robert of Naples.
bbriggs300 writes:
Genuine rapist! Common sense comes into play. I work with young kids and haven't raped any of them. They are so vulnerable and trust the ones that teach to them.He clearly took advatage of a young girl. Have you heard of the statement just say no.Justice will be served one way or another. If he had done this to my kid , I would be in jail and he wouldnt have to worry about a new trial.
NaplesHotTamale writes:
this has got to be a joke? "they trust the ones that teach them"?? I have trusted a lot of people in my life, but if ANYONE had asked me to have sex and I didn't want to I would SAY NO. This girl was not forced, she did what she wanted and ruined this man and his family's life.
NaplesHotTamale writes:
Is anyone even concerned about the music? What has the GCHS marching band done in the last 3 years? Nada, nothing...this man was their leader and this girl ruined it for everyone.
bbriggs300 writes:
Are you really blaming this girl for the rape that your husband commited? Your as sick as he is! And blaming her for whats going on with the band program, why dont you blame her for the price of gas. You are really ignorant.
NaplesHotTamale writes:
Hold on Mr Briggs, all I'm stating are facts. Have they achieved straight superiors at districs even once since this poor man's incarceration? Why is it fair that 200 + other children had to suffer because this girl lured a man into a compromising position?? Think about it, there were 100 other girls that had no problem with this band director, you think this one girl was special enough to get unwanted attention??? I bet this girl didn't even go to the prom. Are you really so selfish that you don't care what has happened to this band program and it's children?? This is a community story sir.
NaplesHotTamale writes:
We all saw their latest performance at FBA districts and the Battle of the Bands - can you say marching in step?! LOL!! I mean, does the flag line even know how to twirl a rifle anymore?! LMFAO, give me a break!
bbriggs300 writes:
Why aren't you in Tampa supporting your rapist husband. Shows how much loyalty you have.
DCoop writes:
Oh then by all means get him out of jail & get this rapist back on the job if their music performance has declined! Goodness they obviously need him & I'm sure there are other girls that will have sex with him so, the other children don't have to. YOU ARE AN IDIOT! The band is recovering from the Train Wreck left by this guy. They are doing great - maybe the struggle is that they are playing high school music well - instead of Middle School music really loud.
SandnSurf writes:
Your comment is disgusting and makes me think you are a pedophile too. Get help now!!!!
NaplesHotTamale writes:
Just a reminder for all you crazies who post on here -
Definition of rape: unlawful compelling of a person through physical force or duress to have sexual intercourse. 2. any act of sexual intercourse that is forced upon a person
Since none of that happened, is what this brave man did technically rape? LMFAO, nope
NaplesHotTamale writes:
and another thing Naples, I am LMFAO at you! Because all you have done is let a girl, who got what she wanted btw, run off the only talent that the SWFL marching band scene has had in over a decade. I used to be in a marching band, I know what this man brought to the table. His heart and guidance are the reason that a lot of beautiful music has been pumped to the ears of thousands around the county.
ex31539er writes:
In light of the number of children abused by band directors, shouldn't we immediately and permanently ban band directors?
After all, if banning band directors results in "only saving one life," then banning band directors is an action "worth taking."
NaplesHotTamale writes:
If I go to the store and buy a dog, then I am mean to the dog and it bites me, do we blame me or the dog?
NaplesHotTamale writes:
LMFAO! Exactly, right?!
xmanxray writes:
Try looking up "statutory rape".
DoctorsPass writes:
If you contact the Florida Band Masters Association. Hamburg wasn't even a member his last year teaching so the students weren't allowed to compete in marching, solo and ensemble, etc. You will also note that in marching they have made superior all four of the last years and prior to his interacting with the one student very few superiors. Don't drag the students who now have a professional instructor who follows school and district rules into your arguement. FBMA shoots holes in your arguement along with the trophies in the band room.
NaplesHotTamale writes:
Statutory rape is a fiction, created by leftists in our govt. The same people that want to take YOUR guns and raise YOUR taxes. Ask Thomas Jefferson or Silvio Berlusconi about the myth of 'statutory' rape. Rape is rape, and if it isn't then it isn't. There is no gray area of rape. You should talk to some women's rights groups sir, you're obviously a chauvinist
NaplesHotTamale writes:
Hamburg is a man of music, there's nothing you or the FBMA can do about that. Even in prision he has organized several choir and flash mob groups, so obviously his passion has outshone your hate and ignorance. As far as that band since he left? A shell of themselves under Hamburg's masterful direction. I LMFAO all over the stadium when I see them, as I do quite often. Their trumpets don't thunder like they used to, they are drab and unimaginative, and to be really frank about it they stink. Sorry if your little boy or girlie is a marching shark, but March on Hamburg should be the cry!
DoctorsPass writes:
Statutory rape is to protect minors from lecherous adults who prey on minors sounds like it fits.
xmanxray writes:
LMAO. That was too easy! I even let you get away with calling him a "brave" man. "Creepy" would be a better word for him.
NaplesHotTamale writes:
Um, huh? I don't know why you feel this way about someone you've never met, whose touch you've never felt. Listen to his music, then get back to me on whether he's brave or not. He and his bands have marched on some of the toughest fields ever. Did YOU ever get a standing ovation in Lousiana State? LMFAO prob not huh?
Ittybitty writes:
In regards to the delusional ramblings of an obviously disturbed person, as an outside observer I can verify that the GCHS band is BETTER than it has ever been. The musicality of the band and the quality of the players is far superior to any in the past. This is NOT a slight against any of the players under Mr. Hamberg. They suffered from the lack of discipline, the quality of teaching and the director's distraction(s)and lack of personal moral character. With no true leadership, the students never reached their full potential. Steve DeLauderante, the new director, has done an OUTSTANDING JOB!!! The Prizm concerts the band puts on are well worth the ticket price. My children were in band at two different CCPS schools that I am baised towards. But I have to say in the last 2 years the GCHS band has surpassed both of these other bands. I am loyal to them, but I do have ears and the GCHS band is the best in the county. By the way, I think GCHS had 8 students in the Florida All-State Band this year - a record for Collier County! When my son made All-State, he was one of only 3 in the entire county! This improvement is the result of quality leadership.
NaplesHotTamale writes:
You're not even a doctor, sir. So please don't go writing checks your butt can't cash. LMFAO that you think he 'prey'd' on anyone. This girl knew what she was doing first of all, I mean there were hundreds of other girls that did not show interest in him and nothing happened with them at all, right? so LMFAO at you
Ittybitty writes:
Naples Hot Tamale, if I felt "his touch", I would throw up!
Blackie1326 writes:
NaplesHotTamale,
You must be related to this piece of garbage rapists, otherwise you would not be defending him like you are. Lady it's time to move on, he belongs in prison. Anyone that preys on a child is sick and should be dealt with accordingly.It's quite obvious you have been brainwashed. I hear jeapordy music playing in the background.
DoctorsPass writes:
Very few students participating in band at Gulfcoast have the knowledge or tarnish of an adult Instructor abusing his authority and luring young girls into practice rooms. A Teacher violating the law with a minor is beyond reprehensible. To defend the actions of sex between a minor and an adult leaves me baffled.
NaplesHotTamale writes:
oh honey, I'd say you're the one who is delusional. First, musicality isn't even a word, LMFAO okay?? Second, it's great of you to throw kids whose talent level isn't up to the standards set by YOUR kids under the bus just to make you feel better about your litter. And you've had kids in several different high school bands in this county? obviously you move around a lot huh? jump from man to man? you sound like Loretta Lynn honey, LMFAO!
There is no comparison, and outside of some lunatics (ittybitty) no on in the whole world will say that the music made under hamburg was anything but A++++++!
NaplesHotTamale writes:
What about the girl then, huh? She ruined a man's life and cost him his job and family! Doesn't she deserve to do time??
DoctorsPass writes:
Per Merriam- Webster Musicality is a noun that means sensitivity to or talent for music. Also Ittybitty is correct the band program has grown into a band being recognized at state level, again you can check with FBMA and compare the results of Hamberg and the present band director. Maybe if he had his hand on his baton instead of in the cookie jar he might have taught more.
bbriggs300 writes:
Yes she is related, she is the rapist wife!
NaplesHotTamale writes:
I JUST WANT MY LIFE BACK!
Davidh239 writes:
To all the ones who imply that this is about the music ??? I'm speechless !
NaplesHotTamale writes:
About music?! It's about a man that loved music, and a girl that loved the man and had her world taken away by people like you and a community of know nothings. LMFAO at you, and you all are forgetting the 'innocent' victim who is now in college and partying it away while a simple man of music has to swelter in a hot auditorium trying to teach blind men to play the tuba!
bbriggs300 writes:
You want your life back? Then move out of the state!
monkey14 writes:
I can't believe any of you are getting all worked up over HotTamale's comments. She / he is obviously screwing with you. And it's pretty funny. NO, statuatory rape isn't funny, before anyone jumps on that bandwagon. But HotTamale's comments are pretty funny.
NaplesHotTamale writes:
I should have to move because a young girl lured and seduces a man of power in her life? LMFAO!
bbriggs300 writes:
I hear Atlanta GA, is nice! Maybe Norcross. Maybe you can meet the new band director up there, if you like a man involved in music!
ConcernedAmerican2013 writes:
Really... You're concerned with the music... not the welfare of innocent children... What kind of person are you? You should be locked up with your husband!!! Even if this young girl didn't say NO... she is 15 years old and doesn't know the physical and mental ramifications of sexual intercourse with a peer let a lone with a dirty old man.
Chester writes:
This dirty old man took advantage of a 15 yr old girl and was too arrogrant to take a plea bargin, instead he got what he deserved, 30 years in prison. I hope he loses his lousy appeal and rots in prison!
NaplesHotTamale writes:
You all are hateful and dumb - there is a new thread going on over on the updated article, please smarten up and go there to post your hate! LMFAO at you guys!
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