Michael Cardoza of Orcutt continued testifying in his own defense Wednesday, and denied having sex with one of his students at Pioneer Valley High School.

Cardoza admitted that he took sexually explicit photos of the student, but said that he believed the boy was 18 at the time.

The defendant said the boy, who has been identified only as “John Doe” in court, asked him to take the photos so they could be sent to the alleged victim's boyfriend.

“I finally agreed to it, and he was out of his clothes posthaste,” Cardoza testified.

Doe was actually 16 at the time the pictures were taken two years ago at Cardoza's house, according to testimony in the trial.

Cardoza, 59, who previously taught at Santa Maria High School and in Visalia and is on unpaid leave from the Santa Maria Joint Union High School District, is accused of molesting the teen two years ago when the boy was in his algebra class at Pioneer Valley.

He is being tried in Santa Barbara County Superior Court in Santa Maria, and first took the witness stand Tuesday after the case prosecutor, Deputy District Attorney Stephen Foley, rested his case.

Advertisement

Cardoza is facing charges of oral copulation with a minor both with and without force or duress, documenting a sex act of a minor, molesting or annoying a child and development or duplication of an image of a child engaged in a sexual conduct.

Under questioning by his attorney, Michael Scott, Cardoza said Doe came to his house on June 16, 2006, after the two had lunch at a restaurant. The lunch was set up so that Cardoza and Doe could discuss how the teen was doing following a suicide attempt by Doe, the defendant testified.

After Doe became distraught while talking about his boyfriend with Cardoza, the alleged victim propositioned him with sex, Cardoza testified.

“He asked if I liked him,” the defendant said, adding that his reply was yes.

“He asked if I had a problem with having sex with him, to which I said I didn't think we should.”

Later on, Cardoza saw Doe watching a pornographic video that the defendant had on his computer, the teacher testified.

Cardoza said he left the computer room, and when he came back, Doe was standing up.

“He wanted me to take pictures of him to send to his boyfriend,” the defendant said.

Cardoza testified that he originally said no to taking pictures, but Doe reminded him that he was 18, that it was just a “normal thing,” and that he wanted Cardoza to take the pictures instead of someone else.

The alleged victim never asked Cardoza to stop taking the naked photos, the defendant said. Regarding photos of Doe masturbating, Cardoza said, “It was not my suggestion. It just happened.”

The teacher testified that he never took his own clothes off and never engaged in any type of sexual activity with Doe.

During cross-examination by Foley, Cardoza said he thought that not complying with what the troubled alleged victim wanted with the pictures would exacerbate his problems.

He said he knew Doe had just finished his sophomore year in high school.

Foley asked him how many 18-year-olds are sophomores, and Cardoza replied “there's always several.” He acknowledged there were no 18-year-old sophomores at Pioneer Valley, but said he didn't find that out until later.

Doe testified for the prosecution earlier in the trial, and said Cardoza showed him pornography on his computer, and masturbated as he took sexually explicit photos of him. Doe also testified that he gave Cardoza oral sex.

The alleged victim said he felt extremely afraid and was too intimidated to leave the defendant's house.

The trial is set to resume Friday morning.

Samantha Yale can be reached at 739-2159 or syale@santamaria times.com.

June 19, 2008