Decatur teacher challenges state law again - WAFF-TV: News, Weather and Sports for Huntsville, AL

Decatur teacher challenges state law again

Carrie Cabri Witt (Source: Decatur Police Department) Carrie Cabri Witt (Source: Decatur Police Department)

An indicted Decatur teacher is again challenging Alabama’s law on school employees engaging in sex acts with students.

Court documents shows Carrie Witt says the law under which she is charged is unconstitutional.

Witt’s attorney is now fighting the law in circuit court following her indictment after the first challenge to the law after her arrest was rejected in district challenge.

Witt was arrested in the spring on charges she had sex with two 17-year-old male students.

READ MORE: Decatur teacher charged with sex acts with students denies allegations

The court filing shows Witt claims she is being prosecuted for a romantic relationship with a consenting young man solely because of her employment with Decatur High School, which violates her 14th Amendment substantive due process privacy rights and equal protection rights.

Witt’s defense attorney Robert Tuten said in April that they are willing to take their challenge of the state law all the way to the Alabama Supreme Court if necessary.

"The statute forgets there's another body of law, another statute, that sets the age of consent of 16. It also goes against the grain of some U.S Supreme Court decisions that basically say that we cannot regulate and cannot legislate morality," Tuten said. "We're not arguing the ethics of it. We're not arguing the administrative procedures with a teacher where this happens. This is strictly a legal argument based on the facts as they were submitted in the allegations in the arrest warrant by the state."

READ MORE: Grand jury to hear case against teacher accused of sexual relationships with students

Tuten said the challenge is not a concession that his client had sex with students, rather a challenge to the existence of the law that allows the charge.

A separate court filing shows Witt is asking the circuit court to suppress all of Witt’s written and oral statements, alleging they were obtained in violation of her privilege against self-incrimination and her right to counsel. 

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