BRADENTON -- A judge is considering whether to grant a new trial for the former Manatee High assistant principal convicted of failing to report child abuse in the Roderick Frazier case.
In June, Gregg Faller was found guilty of one misdemeanor count of failing to report child abuse. He was acquitted of a felony count of failing to report child abuse.
Roderick Frazier was convicted of four misdemeanor counts of battery and two counts of interfering with a student's attendance.
Faller, along with former Manatee High Principal Robert Gagnon, former assistant principal Matthew Kane and school district investigator Debra Horne were all charged with failing to report allegations of inappropriate behavior between Frazier and female students.
Horne entered a pre-trial intervention program which when she competes means the charges against her will be dropped. Gagnon and Kane were each acquitted of all charges against them during the same trial as Faller.
On Aug. 29, an administrative judge found that the Manatee County School Board had just cause to terminate Faller when he failed to report anything after receiving credible reports of inappropriate behavior between Frazier and female students.
On Wednesday afternoon, Judge Peter Dubensky heard motions in Faller's case but reserved judgement so that he may review transcripts.
Faller's defense attorney, Jon Weiffenbach, filed a motion of acquittal, claiming there was insufficient evidence to convict Faller. A second motion was also filed requesting a new trial, questioning the credibility of witnesses in the case against Faller, particularly Manatee High School teacher Jacqueline Peebles.
Peebles testified that she saw text messages that had been exchanged between Frazier and one student, which is why she believed the student about an incident that had occurred at a bar.
But the student testified that she never exchanged text messages with Frazier, Weiffenbach argued.
Assistant State Attorney Dawn Buff said her argument remains the same as it was the end of the trial.
"My argument is still whether she saw texts or didn't see texts, she certainly knew about the most important thing which was Frazier groping a student at a bar," Buff said.
Dubensky was provided with transcripts from the trial and said he would also request a transcript of his own rulings.
Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter@JDeLeon1012.