A judge denied a motion Thursday to review the 90-day jail sentence for Melinda Lee Deluca, the former Copper Hills High School teacher who admitted having sex with a 16-year-old male student.
Earl Xaiz, Deluca's defense attorney, filed the motion on his own after learning from Deluca's relatives that she has had repeated seizures in the jail that have required her to be hospitalized.
"What happened is that she was taken to two different hospitals three times over a four-day period, Feb. 8-11," Xaiz said. "She had another one after they changed her medication and put her back in jail. My concern was that her condition had deteriorated."
Xaiz said Deluca did not ask for an early release from jail, but he was worried that the jail could not properly address her medical situation and wanted 3rd District Judge Stephen Roth to be aware of what was going on.
"I wasn't criticizing the jail," Xaiz said. "I just think there are some conditions so serious that a jail is not equipped to deal with the problem."
Roth, however, disagreed with Xaiz and ruled against the motion for a sentence review, although Roth left the door open for Xaiz to file another motion in the future. Xaiz said the judge has had contact with the jail, both through letters and phone calls, regarding Deluca's medical condition.
"She's under 24-hour watch in the medical part of the jail and they are keeping a very close eye on her," Xaiz said.
Deluca's own doctors do not know what has caused her seizures, which she has experienced for several years.
Xaiz, who characterized Roth as "a very thorough judge," said Roth was concerned about Deluca's well-being and wants to be informed if any future problems arise.
Deluca, 30, previously entered into a plea bargain in which she pleaded guilty to third-degree felony attempted forcible sexual abuse in connection with sexual activity involving a 16-year-old student.
She originally was charged with two counts of second-degree felony forcible sexual abuse, which potentially carries sentences of up to 15 years in prison on each count.
A third-degree felony can carry a potential prison term of zero-to-five years, but Roth on Jan. 10 sentenced Deluca to 90 days in jail.
The judge also imposed 36 months of probation, including a lengthy list of conditions such as treatment programs for mental health, sex offender and drug and alcohol issues. He also ordered her to stay away from all children under age 18 except her own.
Deluca was hired in 2001 to teach American sign language at the school and was fired in December 2005 when school officials learned of the investigation into the allegations of sexual misconduct.
E-mail: lindat@desnews.com