Popko comments on teacher sentencing

Professor Zig Popko of ASU's Sandra Day O'Connor College of Law was quoted in a July 10 article written by Scott Orr, titled, “Judge will decide sentence for former teacher who violated probation by downloading pornographic images,” in The Daily Courier in Prescott, Ariz.

A judge said she would decide the sentence of a former Bradshaw Mountain High School teacher who violated the terms of his sex-offender probation. This decision came despite the judge previously saying the defendant could have a jury make the decision if he wanted.

Popko said changing to a jury case now would pose some problems, such as the difficulty of proper witness selection.

"If the witnesses aren't around – because people have moved and they have no idea where they have moved to, or maybe people have died – it becomes harder to prove certain aggravating factors," such as victim impact, Popko said.

To read the full article, click here.

Popko is the founding director of the college’s Post-Conviction Clinic and teaches a sentencing seminar and workshop. He is a member of the State Bar of Arizona’s Rules of Professional Conduct Committee and a member of the federal District of Arizona’s CJA Panel Selection Committee.