Defending Philadelphia Educators Against Criminal Allegations

Teachers Facing Criminal Charges – How Can We Help Them?

A recent cheating scandal has rocked Philadelphia schools, with five educators criminally charged for allegedly tampering with standardized test scores. As attorneys, how can we stand up for these teachers and principals who now face felony charges?

Let’s break down what happened in this troubling case. Back in 2014, Pennsylvania’s attorney general filed charges against several staff at Cayuga Elementary. The principal, Evelyn Cortez, plus teachers Jennifer Hughes, Lorraine Vicente, Rita Wyszynski, and Ary Sloane all stand accused of cheating – maybe to get better funding or to make their school look good. But their lawyers insist these educators are innocent.

As their defense attorney Leno Thomas said, his client is ready to “vigorously” fight the allegations in court. All the accused educators deny any wrongdoing. They were probably just trying their best under intense pressure from standardized testing. As teachers ourselves, we know what it’s like to worry over school rankings and funding. Could we have done the same thing in their shoes?

Let’s talk specifics on the criminal charges these educators face:

• Tampering With Public Records – A felony charge that could bring several years in prison. Prosecutors claim the teachers and principal changed student answers on standardized tests, like the PSSA exams. But how can we prove this beyond a reasonable doubt? Handwriting analysis of erased and changed bubble sheets is not definitive evidence. And memories fade over time – how can students accurately recall one test form years later? Reasonable doubt exists.
• Corrupt Organization – This felony alleges the educators conspired in an “organized scheme” to inflate test scores. But where are the emails or recorded conversations proving collaboration? Mere circumstance is not enough: we need solid evidence of malicious intent. These teachers likely acted alone out of personal interest, not a group scheme for mutual gain.
• Other Charges – Prosecutors tacked on extra counts like forgery, theft, and conspiracy. But these seem excessive when we’re talking about teachers making poor choices under pressure. Do a few changed test scores warrant decades behind bars? Let’s aim for empathy and leniency here.

As defense lawyers, we can humanize these educators before a jury, explaining the impossible expectations schools now face. One attorney called it an “inquisition” – heavy handed treatment of public servants like teachers. I agree we need balance: serious consequences for serious crimes…but grace and understanding too.

Let’s dig into possible defenses for these allegations:

1. Question the evidence – Can prosecutors definitively prove cheating took place based on eraser marks or student testimony? Reasonable doubt should set these teachers free.
2. Refute intent arguments – Cheating may have occurred, but did so accidentally or via individual acts. A conspiracy is hard to prove.
3. Contextualize decisions – Immense pressure and impossible standards led scared educators to make poor choices. Empathy can persuade a jury.
4. Argue excessive charges – Do relatively minor offenses deserve decades in prison? Appeal to jurors’ sense of proportionality.

Our legal strategies boil down to three C’s – Casting doubt, Challenging allegations, and Cultivating empathy. We need to humanize our clients before a jury, explaining how good teachers made bad choices under intense pressure. Here’s my closing message I’d give a jury:

We all stumble sometimes, especially when scared or overwhelmed. But a few small mistakes don’t make someone a villain or a criminal. They’re still our neighbors…our community. I’m asking you to show the same grace we all hope for when we fall short. Find these teachers “not guilty” so they can return to their true calling – helping students grow. Our children need them.

This cheating scandal has likely ended careers and tarnished reputations. But as attorneys, we can still fight to limit further damage to those involved. Teachers are more than test scores and bubble sheets – they’re human beings. These educators likely need support and counseling now, not prison time.

While consequences have a place, I hope we can balance accountability with empathy. Let’s lead with understanding, recognizing how good people make poor choices when under immense pressure. I know I’ve messed up at work before, fudging numbers or cutting corners when afraid. And I’m glad colleagues and mentors showed me grace then.

Now we need to pay that empathy forward, standing with these Philadelphia teachers in their time of need. That’s how we can help them – with care and compassion.