Austin Hopkins did what ‘any Santa Claus would do,’ lawyers say

Surveillance videos to be used as evidence of gross sexual imposition in the trial of a former Springboro elementary school teacher “show none of the alleged criminal activity rises to the standard set forth in the indictment,” according to a motion filed in Warren County Common Pleas Court.

As a result, lawyers for John Austin Hopkins want Judge Robert Peeler to hold a hearing, review evidence turned over by prosecutors and “dismiss all if not most” of the 36 felony counts filed in the case.

“A review by this court of these videos will show that in the overwhelming majority of the videos, the defendant has done nothing more than any Santa Claus would do when a small child sits on their lap, especially if they are upset, crying or disturbed. Which is clearly the case in many of these videos,” defense attorneys David Anthony Chicarelli and David Allen Chicarelli said in a motion filed Tuesday.

Hopkins, 25, of Springboro, faces three dozen charges related to 28 girls in his first-grade gym class at Clearcreek Elementary School.

He is on an electronic monitor while on house arrest at his parents’ home. He is not allowed to be around children, including relatives during the holidays.

Warren County Prosecutor David Fornshell responded to the motions in a text message.

“I’m not sure what Santa Claus he took his kids to,” Fornshell said.

Another motion filed by Hopkins’ lawyers Tuesday urges Peeler to continue the trial until prosecutors have indicated what among two hours of surveillance video involves the alleged criminal conduct.

Hopkins is scheduled to return to court next Tuesday for a conference with the court, the last hearing planned before his trial, scheduled to begin on Jan. 13.

His lawyers also filed a motion to “sever” the counts for trial, in case Peeler declines to dismiss any of the charges, all scheduled to be decided in one trial.

“There is absolutely no evidence of any sexual gratification in any of these videos, which is a necessary element of every one of these charges,” according to the motion filed by the father-son legal team.

The motion also said “there are numerous children running around, sitting on the defendant’s lap, sitting next to the defendant, and in some videos there are as many as 7-10 children around him when this purported illegal conduct took place.”

Hopkins’ lawyers claim he would not get a fair trial if all the video from the 36 counts was played for a jury.

“Due to the sheer volume of wholly non-criminal conduct seen in the various videos, a jury could easily and understandably lose their way,” said the motion. “Had a female teacher done any of these things, there would be no criminal charges filed!”

The lawyers note no video exists for one charge and claim interviews with the children “reflect no illegal conduct.” The motion also points out “significant press” referred to 88 victims, although only 28 victims are alleged in the charges.

A third motion urges Peeler to order the surveillance videos be filed under seal.

In federal court, there has been no ruling on the school district’s motion to “partially dismiss” a lawsuit filed against Hopkins and district officials by parents of some of the 88 students whose interactions with Hopkins were “sufficiently questionable,” Fornshell said, to show to the grand jury that indicted Hopkins.

Nor has there been a ruling on the motion by Hopkins’ lawyers for a stay of the lawsuit, “pending resolution of the related criminal matter” in Warren County Common Pleas Court.