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SHAWNEE, Okla. —
A Pottawatomie County judge on Monday denied a request to lower a former McLoud teacher’s bond from $1 million to $50,000.
Kimberly Ann Crain, 48, was arrested Dec. 15 and has been jailed on a $1 million bond in connection with a child pornography case involving 23 felony counts, with the allegations involving crimes against her former students.
Defense Attorney Cregg Webb filed a motion to reduce her bond, citing her being a lifelong Pottawatomie County resident with ties to the community, including her husband of 30 years and their two children, as a basis for the reduction.
He also cited research in other county cases and Crain’s lack of a criminal record for reasons to reduce her bond to $50,000, for which Crain would remain confined to her home with an ankle monitor, avoid contact with any witnesses or alleged victims and refrain from using a computer or cell phone while on release.
Crain did not appear personally in the hearing before Special District Judge Dawson Engle Monday afternoon.
District Attorney Richard Smothermon objected to the reduction, calling the house arrest theory “problematic” since “GPS does not guarantee she remains in the house” and that she also couldn’t be kept from leaving for doctor visits or other emergencies.
“With that said, this is a very small community. There are dozens of victims in this case — triple that as far as witnesses,” Smothermon said, adding there would be a chance for her to run into them around town, which could be “incredibly traumatic for all people involved.”
As far as her not using computers, “the state sees that as unenforceable,” Smothermon said, adding that the crimes for which she is accused are crimes of “secrecy and deception.”
Smothermon alleged Crain was very “devious” in how she took photographs of the children and kept it hidden from others, including her family and her husband.
Smothermon said there would be no reason to trust Crain would not use computers or cell phone while out on bail.
“There’s no way this court can set accurate boundaries to ensure the safety of the public,” he said.
Webb, who said he believed it is enforceable, said Crain could report daily or that spot checks could be done at her home.
Judge Engle responded, looking over Webb’s bond reduction request, which included 20 character letters on Crain’s behalf from members of the community.
“That’s an impressive amount to vouch for her character and involvement in the community,” Engle said, adding Crain has significant ties to Shawnee and therefore shows less reasons to flee while on bond.
A Pottawatomie County judge on Monday denied a request to lower a former McLoud teacher’s bond from $1 million to $50,000.
Kimberly Ann Crain, 48, was arrested Dec. 15 and has been jailed on a $1 million bond in connection with a child pornography case involving 23 felony counts, with the allegations involving crimes against her former students.
Defense Attorney Cregg Webb filed a motion to reduce her bond, citing her being a lifelong Pottawatomie County resident with ties to the community, including her husband of 30 years and their two children, as a basis for the reduction.
He also cited research in other county cases and Crain’s lack of a criminal record for reasons to reduce her bond to $50,000, for which Crain would remain confined to her home with an ankle monitor, avoid contact with any witnesses or alleged victims and refrain from using a computer or cell phone while on release.
Crain did not appear personally in the hearing before Special District Judge Dawson Engle Monday afternoon.
District Attorney Richard Smothermon objected to the reduction, calling the house arrest theory “problematic” since “GPS does not guarantee she remains in the house” and that she also couldn’t be kept from leaving for doctor visits or other emergencies.
“With that said, this is a very small community. There are dozens of victims in this case — triple that as far as witnesses,” Smothermon said, adding there would be a chance for her to run into them around town, which could be “incredibly traumatic for all people involved.”
As far as her not using computers, “the state sees that as unenforceable,” Smothermon said, adding that the crimes for which she is accused are crimes of “secrecy and deception.”
Smothermon alleged Crain was very “devious” in how she took photographs of the children and kept it hidden from others, including her family and her husband.
Smothermon said there would be no reason to trust Crain would not use computers or cell phone while out on bail.
“There’s no way this court can set accurate boundaries to ensure the safety of the public,” he said.
Webb, who said he believed it is enforceable, said Crain could report daily or that spot checks could be done at her home.
Judge Engle responded, looking over Webb’s bond reduction request, which included 20 character letters on Crain’s behalf from members of the community.
“That’s an impressive amount to vouch for her character and involvement in the community,” Engle said, adding Crain has significant ties to Shawnee and therefore shows less reasons to flee while on bond.
But Engle’s main concern, he said, involved the 23 felony counts, of which 20 of those counts could each be punishable by 20 years in prison, along with one count with a maximum sentence of life in prison, which could show a likelihood to flee and not come back to court.
But overall, Engle said if allegations are true, the actions involved multiple victims in her home, as well as photos taken in her third-grade classroom at McLoud, a place where other teachers and administrators were present in a public setting.
“That’s very bold actions by this defendant to take provocative pictures in the classroom” the judge said.
In weighing all those options, the judge said a $1 million bond is “very reasonable” in light of the allegations, so the reduction was denied.
Crain’s preliminary hearing, where evidence is presented for a judge to determine if there’s enough for the case to move forward to a trial, is scheduled March 6. Engle said he may reconsider bond depending on results of that preliminary hearing.
Because parents of children reportedly involved in this case work at the jail in Shawnee, Crain is being held at the Lincoln County jail in Chandler.
After the hearing, Webb said he expected the bond to be denied, but said they are examining options to determine whether an appeal would be appropriate.
Crain became the center of an investigation in November after several of Crain’s female students attended a Christmas tree decorating and pizza party at her Shawnee home and allegations surfaced. She resigned from her teaching job Nov. 28 amid the ongoing investigation by McLoud and Shawnee police, along with the FBI.
Also charged in thecase is a Pennsylvania man known as “Uncle G.” Smothermon has been working to extradite Gary J. Doby, 65, who is jailed in Pennsylvania on a $1 million bond. He faces nine of the felony counts for which Crain in charged.
Doby, a former Oklahoma Baptist University professor and retired professor of early childhood, was arrested at his home in Bloomsburg, Pa. after being identified as “Uncle G” in the investigation involving Crain. Charges allege Crain took photographs of as many as 14 young students while they were changing in her classroom or at her home. Prosecutors allege those images were sent to Doby and Crain also is accused of setting up Skype video chats on her school computer between her students and Doby.
Court records show Crain met Doby when he was a professor at OBU from 1985 to 1987, and during that time, Crain was a student studying toward her education degree.
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