By Courtney Oldwyn
Journal reporter
The trial of 59-year-old Orcas Island High School teacher Gerald Grillet-Tinner, who is accused of having a sexual relationship with an 18-year-old student began on June 13. Grillet-Tinner is being charged with two counts of Sexual Misconduct in the First Degree which, according to Washington state legislature, applies when the accused is the teacher of a registered student under the age of 21 and is at least five years older than the student.
After two days of jury selection a morning preliminary hearing concerning the admissibility of the student’s certified birth certificate from the Mexican consulate started on Wednesday, June 15. In the afternoon opening arguments were given by the prosecuting attorney Randall Gaylord and defense attorney Robert Butler of Bellingham.
The 12 jurors listened as Gaylord began his argument by stating that this was not a case about rape, sexual assault or consent but about boundaries. “This is about the breaking of boundaries that exist between student and teacher,” said Gaylord.
The prosecution laid out a timeline beginning with the first day of school, Sept. 2, 2015 which was Grillet-Tinner’s first day as a science teacher and the student’s first day back to school after taking a year off after the birth of her daughter. According to the prosecution, the student became Grillet-Tinner’s teacher’s assistant on Sept. 14 and on Sept. 20 went to his home to assist him in grading papers. The victim alleges that she was invited into the defendant’s hot tub at this time but declined.
On Oct. 4 the student invited Grillet-Tinner to attend a family picnic at Moran State Park with her and her family. According to the prosecution, arrangements were made for her to paddle to the picnic with Grillet-Tinner in his kayak. After the picnic they both returned to his home where she alleges they had multiple sexual encounters.
On Oct. 6, according to the prosecution the student told her Spanish teacher about her relationship with the defendant. Later that evening she again visited Grillet-Tinner at his home to work on homework and alleges he cooked her an elaborate dinner and they again had a sexual encounter.
Also according to prosecution the student turned over DNA evidence to state investigator Stephen Parker. It tested as a positive match to Grillet-Tinner.
“There is a separation that teachers are supposed to keep from students,” said Gaylord while addressing the jury. “Keep note of these broken boundaries.”
Defense attorney Butler began his opening argument by reminding jurors that there are two sides to every story. “The inconsistencies are abundant in this case,” he said.
According to the defense, the student wanted a sexual relationship with the defendant and he rebuffed her. The defense claimed that on October 10 she came to his home, listened in on his private phone calls and became angry when he asked her to leave. He later filed a police report of the incident.
Butler stated that Grillet-Tinner does not use the hot tub where the first alleged encounter took place and that testimony will be given that the hot tub was not clean or fit for use. The defense promised further testimony throughout the case will cast doubt on the credibility of the student.
“There’s rarely a time when one side is the whole story,” said Butler.
Grillet-Tinner has been on administrative leave since the allegations were made.
Check the Sounder’s website for continued news on this trial.
