A judge dismissed all charges Oct. 23 against Robert Noel Anderson. The former Dehesa Elementary School teacher walked out a free man after the prosecutor announced she would not retry him on 11 counts of child molestation.
Anderson’s attorney, Kerry Armstrong, filed a written motion to dismiss the case, but he did not have to argue it before El Cajon Superior Court Judge Lantz Lewis because Deputy District Attorney Chantal De Mauregne made the dismissal motion first.
A judge dismissed all charges Oct. 23 against Robert Noel Anderson. The former Dehesa Elementary School teacher walked out a free man after the prosecutor announced she would not retry him on 11 counts of child molestation.
Anderson’s attorney, Kerry Armstrong, filed a written motion to dismiss the case, but he did not have to argue it before El Cajon Superior Court Judge Lantz Lewis because Deputy District Attorney Chantal De Mauregne made the dismissal motion first.
“You don’t have any objections, do you?” asked the judge to Armstrong, who quickly laughed and said no.
De Mauregne told Lewis that “after a thorough review of all the evidence” following the Sept. 15 mistrial and the jury’s acquittal on one charge, her office concluded the case should end now.
“We don’t feel another jury of 12 will reach a decision in this case. We would end up in the same situation in which we are now,” said De Mauregne.
The jury began deliberations Sept. 1 and after 37 hours of talks over eight court days, the jury told Judge Laura Halgren they were deadlocked 8-4 and 9-3 in favor of acquittal in a 5-week trial. Halgren declared a mistrial after jurors said further deliberations would be useless.
Anderson, 59, came to court with his wife, his twin brother, and a dozen other friends, teachers, and former personnel from the school at 4612 Dehesa Road in El Cajon.
“It’s a nightmare that’s over,” said Anderson to a reporter. “It’s been terrible, especially the last year.”
Though sheriff’s deputies first investigated Anderson in 2003, he was not charged until his arrest Sept. 11, 2014. He was in jail on $800,000 bail until Lewis lowered it to $25,000 on Oct. 9, and he was released after a friend posted his bond.
When someone asked him what his immediate plans are, Anderson said “I’m going on vacation.” He said he lost 20 pounds while in jail.
“He’s my hero,” said Cindy Anderson, his wife who is a retired teacher who cooked a ribeye steak for him the night of his release.
“I’m sure this man is innocent. I do not feel Mr. Anderson touched any girl inappropriately,” said Armstrong.
The alleged fondling supposedly took place in Anderson’s classroom in front of all the students from 2003-2006. The eight girls, who are now young women, were positive that Anderson fondled them while they sat on his lap, but no one else saw that happen or could not remember back that far.
“He is the one client that I let him talk to the police twice. I don’t ever do that,” said Armstrong.
Anderson left teaching in 2006 and found work as an administrator in another field. “I left a career I loved,” he said.
Anderson said support from his wife, friends, and former school officials was “indispensable,” adding, “It gave me strength to figure this out.”
“We don’t feel another jury could make a unanimous decision. We also only go forward on cases we can prove beyond a reasonable doubt,” said De Mauregne outside the courtroom.
“There were lots of different factors that came into play. The delay was one,” said De Mauregne.
“Our office takes child molestation very seriously. We also only go forward on cases we can prove beyond a reasonable doubt,” said De Mauregne.
The DA’s office and the sheriff’s department declined to prosecute Anderson in 2004 based on the complaints of two girls who were about 11 years old. A detective testified he measured Anderson’s desk, and said there wasn’t room for a girl to sit on his lap and fit under the desk.
Photos of the desk and chair were taken, but lost. The actual chair and desk were also lost. There was no physical evidence. Anderson testified Aug. 27 and denied fondling any of the girls.
