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Jury acquits teacher on one count, mistrial on two others

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IOWA CITY (AP) -- A former elementary school teacher facing multiple charges of sexual abuse involving several former students was found not guilty of fondling one of his students two years ago, but jurors were unable to reach a conclusion on two other charges.

Washington County District Judge Michael R. Mullins declared a mistrial on two counts against Tim Higbee, a 50-year-old former teacher at Garfield Elementary School in Centerville.

"It is a sense of relief," said Higbee, who was acquitted earlier this year of 15 counts of sexual abuse stemming from allegations made by another student.

"It is one step closer to putting this behind me and moving on with life and trying to get back to some sense of normalcy," he said.

In the wake of Wednesday's jury decision, it remains unclear whether prosecutors will pursue a new trial on the two unresolved counts and those in five other pending cases.

Assistant Attorney General James Kivi will meet next week with Robert Boswell, Appanoose County prosecutor, to decide whether to pursue a new trial against the second-grade teacher, said Bob Brammer, a spokesman for the attorney general's office.

The jury deliberated for 11 hours before finding Higbee not guilty of one count of second-degree sexual abuse, tied to an allegation he inappropriately touched a female student in September 2000.

Defense attorney Alfredo Parrish said the jury had voted 11-1 to find Higbee not guilty on the other two charges.

"We hoped obviously that it would have been not guilty on all counts," Parrish said. "We're not going to file any motions or do anything until prosecutors get back with us."

The trial was moved from Centerville to Washington, in southeastern Iowa, due to pretrial publicity from the earlier trial.

Throughout the weeklong trial, Higbee was portrayed by friends and colleagues as a caring and devoted teacher who was deeply involved with students in and out of school.

A student went to school officials with the allegations on April 10, 2003. The following day he was put on paid leave by district officials, his salary reported at $37,800 a year.

During the defense portion of the trial, Parrish said he tried to show inconsistencies in the accusations made by the student, now 10, and the knack all children have at times for misconstruing the truth.

On the stand, Higbee testified the student did well in school and was a leader in his classroom, but had a stubborn and at times vindictive streak. He also testified the allegations were made days after he scolded the student for jumping on his back during recess and demanding a piggyback ride.

As for his future in teaching, Higbee said it depends on the fate of the pending cases and his desire to return to the classroom.

"Probably the most devastating thing from this whole episode is the effect on the children themselves," said Higbee. "I really feel for these kids because they have a long journey ahead and there are a lot of people not making it easy for them."

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