May 19, 2005

Leland High School teacher Earl Roske’s felony complaint and
police report reveals details of sex crimes against minor students

Parents to meet with San Jose Unified School District officials May 23

Editor’s note: This story may not be suitable for younger children due to the sexually explicit information found in Earl Thomas Roske’s felony complaint and police report obtained by the Almaden Times Weekly.

By Sheila Sanchez
Staff Writer

“Victim One,” the unidentified student whom San Jose police say was one of several victims Earl Thomas Roske sexually abused, began a relationship with the Leland High School chemistry teacher in the summer of 2004.

Police allege that Roske, 41, arrested May 6 on seven felony counts of various sex crimes against minors, met the girl off campus in 2004, beginning a relationship with her that would eventually lead to sexually explicit conversations with Roske online and sexual behavior.

Earl Thomas Roske

After her grades began dropping in her chemistry class, she asked Roske for tutoring help on weekends and after school and during one session, he molested her.

The teacher’s boldness escalates from there, according to the girl’s statement to the police included in the police report filed with the felony complaint against Roske in Santa Clara County Superior Court and obtained by the Almaden Times Weekly.

She told police that Roske asked her to either photograph or videotape herself naked. She complied.

Eventually Roske masturbated in front of a Web camera and allowed her to see him, San Police Det. Robert Dillon wrote in the report. Dillon serves on the San Jose Police Department Child Exploitation Unit/Internet Crimes Against Children Task Force.

Roske edited the video the victim made and added music to it. The girl tells police that she thought she had a “crush” on Roske and was “infatuated” with him.

Witnesses and Victim Two
“Victim One’s” friend would discover her secret and turned to police to begin an investigation into Roske’s relationship with the student.

The girl’s family asks the school to remove her from Roske’s class in 2004. The police obtained 261 pages of chats between Roske and the girl during all hours of the day.

An examination of “Victim One’s” hard drive by the police only revealed Roske’s and the girl’s screen names.
According to San Jose police, “Victim Two,” began inappropriate sexually explicit conversations with Roske in 2003 when she was underage.

Roske asked her to take nude pictures of herself, which she did and sent to Roske via the Internet, the report says. The incident is said to have occurred in 2004.

“She described her relationship (with Roske) as more than friends,” Dillon wrote in the report.

“Victim Two” and Roske talked a lot and became close. Roske, according to the report, asked for her opinion on premarital sex and having sex without being in love. She told Dillon that prior to these discussions, he was “only flirtatious.”

Eventually, the victim and Roske sent each other naked pictures of one another on the Internet. The Internet contact lasted until 2004.

“Victim Two” and Roske also engaged in sexual activities in 2004 at his residence according to the report.
Dillon asked her if she knew of other girls who were involved with Roske. “Victim Two” said she knew of “Victim One” and another girl.

Earlier this month, Roske is said to have called “Victim Two” to ask if the police had contacted her. She told him that they had. He asked what she said and she told him that she answered the questions honestly. He again asked what she said. She said that she told the truth. “Suspect 1 [Roske] got mad and hung up on her. He will not take her calls,” Dillon wrote in the report.

“I asked V-2 (Victim Two) if she would be able to look at some of the pictures and identify which were prior to being 18 years old. V-2 explained that there were so many pictures and videos that she wasn’t sure,” Dillon wrote.

Search warrant
On April 28, police wrote a search warrant for Roske’s residence, classroom and car, which was served April 29 at his home at 9 a.m., when Roske was at school. Officers collected 17 items, including photos from his bedroom closet, which were of nude teenage girls in his bedroom.

Police also say they found a few photos that appeared to have been taken in his classroom.
After serving the warrant at Roske’s residence and school, officers wanted help from school administrators to identify the girls in the photos.

They contacted Leland High School Principal Bob Setterlund and one of his vice principals to help identify the girls in the pictures whom they recognized, but weren’t sure of their names, the report said.

They also called Roske to the office to talk to him.

The report says the officers told Roske he wasn’t under arrest and that they only wanted to ask him some questions. “…He was defensive and seemed upset. I showed him the face of one of the girls in the picture. I asked what her name was. S-1 (Roske) told me that it was (name withheld). I showed him the second (picture) and asked the same question. He told me her name was (name withheld) and asked where I got the pictures,” Dillon wrote.

Felony counts
Santa Clara County Deputy District Attorney Steve Fein said Roske could serve a minimum of 16 months or a maximum of seven years in jail for the seven felony counts he’s been charged with.

Two of the counts are for crimes Roske allegedly committed against “Victim One” and the other five counts are for crimes Roske allegedly committed against “Victim Two.” Both were minors at the time the alleged crimes were committed against them, police say.

Count one accuses Roske of the crime of employing, persuading or inducing “Victim One’s” involvement in modeling, posing or performing sexual conduct between May 1, 2004 and July 1, 2004.

Count two accuses Roske of the crime of distributing, or exhibiting harmful matter to “Victim One,” through electronic mail, the Internet or a commercial online service for several months in 2004.

Count three accuses Roske of the crime of employing, persuading or inducing “Victim Two’s” involvement in modeling, posing or performing sexual conduct in 2003.

Count four accuses Roske of distributing, or exhibiting harmful matter to “Victim Two,” through electronic mail, the Internet or a commercial online service for several months in 2004.

Count five accuses Roske of the crime of unlawful sexual intercourse with “Victim Two” more than three years younger than him between for several months in 2004.

Count six accuses Roske of the crime of oral copulation with “Victim Two” for several months in 2004.

Count seven accuses Roske of the crime of oral copulation with “Victim Two” for several months in 2004.

Roske was arraigned May 9 on one count of unlawful sexual intercourse with a minor, two counts of oral copulation with a minor, two counts of using a minor to produce child pornography and two counts of sending harmful matter to a minor. The seven charges all constitute felony offenses.

He will appear before the court May 31 for identification of counsel and a plea status conference, which means he will have the opportunity to plead guilty, not guilty, ask for more time to prepare a defense or try to settle the case.

“A teacher is in a position of authority and when you violate your authority by doing something like that it’s a horrible thing,” Fein said.

Roske’s attorney, Christopher Schumb, did not return several phone calls by press time.

Dillon said Wednesday that he’s continuing to follow up on the case and that he has received several calls from people providing information that support the “grooming process,” that Roske allegedly used with victims as far back as 1999. The information will be included in another supplemental police report he will file with the previously filed complaint against Roske in Santa Clara County Superior Court. Dillon and police are carefully guarding the girls’ identities. [It is Times Media policy to not reveal the names of victims of sexual assault.]

San Jose police spokesman Enrique Garcia stressed that the girls are “true victims” and that the alleged crimes are not their fault. He also stressed that police have sufficient evidence to believe Roske committed the crimes against them and reminded parents, family, friends and the public not to pass judgment and to be supportive of them.

Parent meeting May 23
Leland High School parent Linda Salah is coordinating a meeting with district and school officials at 11:30 a.m., May 23, at San Jose Unified School District headquarters, 855 Lenzen Ave., San Jose, Calif., 95112, room 201. She’s inviting all concerned parents to attend.

Salah said she would meet with Mike Carr, director of district student services, who contacted her and wanted to answer questions she may have about Roske’s case.

Salah said Carr told her that former Leland High School Principal Susan Votaw had warned Roske never to be alone with a student in a classroom.

“I have too many unanswered questions,” Salah said.

Another parent, Linda Nollette, whose child had Roske as a teacher this year, said, “I know that numerous complaints were made throughout the school year about Mr. Roske’s behavior and parents should have been made aware of the other complaints.”

Anyone with information on the case is urged to call San Jose police detective Robert Dillon of the San Jose Police Department’s Child Exploitation Unit/Internet Crimes Against Children Task Force at (408) 277-4102. Persons wishing to remain anonymous can call Crime Stoppers at (408) 947-STOP (7867).