A middle school in Montgomery County, Maryland, remains closed for a second day after a tree fell on top of it, leaving the building unsafe for people to be inside...
January 7, 2009
Former middle school teacher to serve five years in prison on abuse charge
Joseph Ballmann of Rockville also barred from teaching
This story was corrected on Feb. 18, 2010. An explanation of the correction follows the story.
A former Rockville middle school teacher will serve five years in prison for sexually abusing a former student.
Montgomery County Circuit Court Judge Terrence J. McGann on Wednesday morning sentenced Joseph Robert Ballmann, 48, of Rockville to 15 years in prison with all but five years suspended. He also sentenced Ballmann to five years of probation with several conditions, including that he never be allowed to teach again.
Ballmann, a former teacher at Robert Frost Middle School, pleaded guilty in November to one count of sexual abuse of a minor and one count of exhibiting obscene movies to a minor, said Assistant State's Attorney Mary Herdman.
He had been indicted on several other sexual offense charges, but they were dropped as part of the plea agreement, she said.
Stephen Mercer, one of Ballmann's defense attorneys, declined to comment after the sentencing.
Ballmann was arrested May 2, 2007, at his home in the 11100 block of Cedarwood Drive and charged in connection with the sexual abuse of a former Frost student, who was then 15 years old. Police said that Ballmann abused the student on numerous occasions from spring 2004 to May 2005 at Ballmann's residence. The student is now a high school senior.
Ballmann was arrested again on June 7, 2007, in the home of family member at 81900 block of Falling Star Road in Germantown on allegations involving another student. Police said that Ballmann allegedly engaged in inappropriate sexual contact between 1995 and 1997 with a boy who was in the seventh and eighth grades at Westland Middle School in Bethesda at the time. The victim was 24 years old at the time of Ballmann's arrest.
Herdman said Ballmann has been held at the Montgomery County Correctional Facility in Clarksburg since November awaiting sentencing.
Kate Harrison, a spokeswoman for Montgomery County Public Schools, said Ballmann resigned from the school system on Dec. 31, 2007.
Before McGann handed down the sentence, Kenneth Ravenell, another of Ballmann's lawyers, called his client a "good person who committed a very serious crime."
He asked McGann to look at Ballmann's record of service to the community.
"People who do good things can do bad things as well," Ravenell said.
Francis Ballmann Jr., Joseph Ballmann's brother, said he was "shocked" when he first heard of the charges.
He said he has always known his brother to be a "very caring person" and that he would be there to support him upon his release from prison.
Herdman said she recognized Ballmann as a productive member of society, but that many who commit similar crimes often are and use their positions in schools and places of worship to prey on children.
"It's almost a Dr. Jekyll and Mr. Hyde situation because these crimes happen behind closed doors," she said.
The former Frost student stood before McGann in the courtroom and told him he had lacked a male role model in his life and Ballmann was almost like a father to him.
"He really raked me over the coals, he raked my mother over the coals and my brother over the coals," he said.
The Gazette does not identify victims of sexual abuse.
As a result of Ballmann's actions, he said he has had trouble dating and trusting other male teachers.
"I'm glad he pled guilty over all he put me through," he said.
Ballmann, looking somber in a charcoal-gray suit, told McGann he is sorry for all that he has put the victim and his family through.
"The most important words that I can say today are that I'm sorry," he said.
Glancing into the gallery of the courtroom, Ballmann said he prays for the former student and his family every day.
"I can only imagine what [the student] has gone through because of my actions," he said.
Ballmann added he was ready to serve his sentence.
"I hope one day after I've paid my debt to society that I can be forgiven," he said.
After a short pause, McGann said he felt badly for the teenager and his family.
"I understand what you folks have gone through and are going through," he said.
McGann praised the student for having the courage to speak at the sentencing and urged him to not dwell on the past.
"Move forward and help your family and you'll be fine," he said.
Turning his attention to Ballmann, McGann said people make mistakes, but what Ballmann did is inexcusable.
"What he did wasn't a mistake," he said. "You intended to do what you did."
He said parents should know their children are safe at school and students should be able to trust their teachers.
"When a teacher behaves like you did, Mr. Ballmann, that trust is breached and all teachers are indicted," McGann said.
He also called Ballmann's actions "predatory" and "sneaky."
Ballmann will also serve six months in prison for the single count of exhibiting obscene movies to a minor, Herdman said. That sentence will be served concurrently with his five-year sentence for sexual abuse of a minor. He will also be credited with some jail time served.
Herdman said Ballmann will serve his sentence in a state correctional facility.
Herdman also declined to comment on the outcome of the sentencing.
The victim's mother, who is not being identified to protect the anonymity of her son, said she was grateful to the State's Attorney's Office and county police detectives for their work.
"I want to thank them all for their support and getting us through this," she said. "It was tough on my family and we'll always be indebted to them for what they did."
This story originally called Francis Ballman Frank.