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Thursday September 27, 2007

Musician’s lawyer promises to appeal jail sentence, probation

by joe eskenazi
staff writer

While former Tehiyah Day School music teacher Achi Ben Shalom was acquitted on Friday, Sept. 21 of lewd conduct charges with a former student, Martinez Superior Court Judge Leslie Landau sentenced him to 90 days in jail plus three years probation for a single misdemeanor count of battery.

Contra Costa County District Attorney Coleen Gleason was pleased with the sentence — especially the probationary terms not allowing Ben Shalom to spend time with any children but his own nor go near a schoolyard and mandating he attend counseling. Those reinforce “that [Ben Shalom] had a sexual intent” when he touched the 11-year-old. She referred to the sentence as “a wake-up call” to keep Ben Shalom from “re-offending.”

Ben Shalom’s attorney, Harold Rosenthal, described the sentence as “maddening.” He feels that in handing down a punishment befitting a sexual offender — when the jury specifically declined to convict Ben Shalom of a sexual crime — Landau clearly overstepped her authority.

“I have a lot of respect for Judge Landau, but she couldn’t have done anything that was more unjust and unsupported by the facts before her,” he said.

“We have a system of trial by jury. Judges aren’t free to simply decide they don’t like what the jury has done and act as if the jury did something else.”

Ben Shalom will remain free for the near future as the sentence is stayed pending appeal. Rosenthal promised to file his appeal sometime this week.

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