CA: Molestation case against music teacher dropped

Contra Costa County prosecutors dropped child-molestation charges Monday against a Lafayette music teacher who had been accused of assaulting three teenage boys, after a judge ruled that an investigator in the case had shown a "reckless disregard for the truth." Prosecutors dropped the case against James Toland, 63, after Superior Court Judge John Sugiyama granted a defense motion to throw out evidence obtained under a warrant to search Toland's computers.

Sugiyama agreed with the defense that the Contra Costa sheriff's investigator had made misstatements and omissions in asking a judge to approve the search warrant.

The investigator reported that one of the alleged victims, a 15-year-old boy who took singing lessons from Toland, said the teacher had "grabbed his penis and buttocks and moved it around," said Ellen Leonida, an attorney for Toland. But Toland had simply touched the boy's lower back and abdomen to adjust his posture, a standard technique in voice lessons, Leonida said. The boy was offended by Toland's actions, but the sheriff's investigator warped his statement with a false assertion that the teacher had touched the boy's genitals, the defense attorney said.

Prosecutors contend that the boy did report being molested, saying the incident was separate from being touched on the back or stomach. Authorities said two other teenage boys had alleged that Toland molested them. Toland has taught choir and other music programs at Campolindo High School in Moraga, Acalanes High School in Lafayette and Miramonte High School in Orinda. "We are, of course, gratified that the case has been dismissed, although the damage already done to Jim's reputation may be irreparable," Leonida said. "From the beginning, I have been confident of Jim Toland's innocence, and I sincerely hope that he can now put this painful chapter of his life behind him."

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