CHULA VISTA, Calif. — A plea deal is in the works for a National City elementary school teacher accused of lewd behavior with one student and having sex with another.
Jacqueline Ma, 34, is facing the possibility of life in prison if found guilty of 19 felony counts involving both boys.
A plea deal in the case could prevent the two minors from having to testify in court at a preliminary hearing and trial.
On Thursday in Chula Vista court, Judge Michael Popkins granted a delay in the case.
“You're still in the process of preparing for negotiations in this case and you want new dates?,” Popkins asked the attorneys.
“Based on the discussions we had in chambers we would like to vacate the preliminary hearing that is currently set for October 18,” said Mario Vela, Ma’s defense attorney.
Initially, Ma was facing up to 10 years in prison when she was charged in March with having sex with the first alleged victim. When a second alleged victim came forward, prosecutors amended the complaint in July.
Now, Ma faces up to life in prison.
“The fact that there's multiple victims triggers a sentencing enhancement that makes it potentially life in prison,” said Deputy District Attorney Drew Hart outside court.
Hart said plea negotiations can move forward now that a new preliminary hearing date has been set for November 29. A readiness conference was set for November 2.
“The District Attorney's office usually accepts more favorable offers if it means sparing victims from having to testify about abuse, which is one of the reasons why we're trying to negotiate ahead of the preliminary hearing,” said Hart.
Ma’s defense attorney told CBS 8 that both alleged victims were students at the school where Ma taught, Lincoln Acres Elementary in National City, and both boys were 12-years-old at the time of the alleged offenses.
“The focus, right now, is first to talk to the District Attorney's office and make them see that this is not in any way, shape, or form a life case. Miss Ma is not a danger to the community. But we are still negotiating. We're in talks with the DA’s office. We have a very good line of communication, and we are hopeful that we're going to have a favorable disposition soon,” said Vela, the defense attorney.
A plea deal could make Ma eligible for parole. If convicted of a felony, she would not be allowed to work again as a teacher.
“She is obviously concerned. She is worried but she's fine. She's keeping her head down and cooperating in the process,” said Vela.
The defense attorney said plea negotiations are expected to begin in earnest, in October.
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