NEBRASKA CITY - Otoe County Attorney Jennifer Panko-Rahe has filed a motion to dismiss the remaining criminal charge against a Nebraska City life skills teacher that was subject to legal action and statewide media reports regarding allegations of abuse.

In her motion, Panko-Rahe said the motion to dismiss is in exchange for 50-year-old Melissa Valenta’s voluntarily relinquishing her teaching certificate after nearly three decades.

Panko-Rahe earlier dropped charges against two para-educators, who were also accused, and dropped felony charges against Valenta. The charges were brought against the staff at Nebraska City High School after a 17-year-old life skills student brought an audio recorder to school.

Panko-Rahe said that after the student was dismissed from a gym class activity, balls were still thrown in the student’s direction, allegedly prompting Valenta to tell the student to get up because he was an easy target.

Defense Attorney William Bianco said the audio recording does not incriminate Valenta, but argued that it should not be admissible at trial because it can not be authenticated.

A Nebraska City police officer investigated the incident and told the court she believed that the student’s mother is able to identify voices on the recording.

The recording germinated various complaints that were shared with the media and widely distributed on social media, but based on the prosecutor’s allegation of no injury,  it appears that Panko-Rahe focused only on an incident at the physical education class, where there was also a video.

The student’s mother, Jennifer Egri, told media outlets that her son had suffered physical abuse.

The court sealed the student's individual education plan, which may have contained guidelines on the student’s participation in PE class.

The student suffers from various disabilities, including a genetic mutation known to cause sudden death prior to age 20 or 21. Egri told News Channel Nebraska that sustained strenuous activity would increase the danger for her son.

In October, District Judge Julie Smith said it would premature to prohibit use of the audio recording saying it would be the judge’s job to determine admissibility when the trial was taking place. In deciding the motion regarding possession of the recording and the chain of evidence, the judge said if she finds it unlikely that anyone tampered with the recording, it could be admitted.

The defense had argued that Valenta would be deprived her right to confront her accuser if the child did not testify.

The judge noted that Valenta had worked with the student since sixth grade and the mother would likely be able to identify the voice, if the case had gone to trial.

The life skills scandal involved separate disciplinary action by the Nebraska Commissioner of Education involving the physical education teacher. Valenta resigned her teaching job with the school district.

https://rivercountry.newschannelnebraska.com/story/48113096/superintendent-responds-to-life-skills-scandal

https://rivercountry.newschannelnebraska.com/story/48289470/suspects-in-life-skills-scandal-proceed-through-court