[UPDATED with Judge's Reasoning:] Jason Alan Marian Had Sex With 16-Year-Old Dance Student, Secretly Taped Girls Undressing in His Home

UPDATE, JULY 19, 2:49 P.M.: Orange County Superior Court Judge David Thompson revealed why Mission Viejo dance instructor Jason Alan Marian should be retried on some counts related to his case involving unlawful sex with a 16-year-old dance student and secret videotaping several other teen girls undressing in his home.

Veteran defense attorney Gary Pohlson fucked up, overlooking a potential alibi because the lawyer did not fully comprehend computer evidence that could have cleared his client, according to Thompson (who used different phrasing, of course).

The testimony that led to the defense motion that led to Thompson's decision to retry Marian on four felony counts of using a minor for sex acts and one felony count of sexual penetration by foreign object of a minor involved the defendant's use of a computer when the 16-year-old girl was supposedly being sexually assaulted by him.

Deputy District Attorney Tony Ferrentino claimed the girl came to Marian's office at the Ocean Institute in Dana Point (where he also worked) on June 4, 2006, and that he then took her to the beach, fed her alcohol, took sexed up photos of her in a bathing suit and sexually assaulted her.

Marian testified that the girl did come to his office to borrow his beach bag and camera that day, denying they had sexy time together (that day) and claiming someone else shot the photos and plied the girl with alcohol.

A computer expert called by the defense testified that the internal clock on the computer in Marian's office showed he was browsing on the Internet while the girl was on the beach. But the expert later recanted that testimony after conferring with the prosecution's computer expert. Ferrentino also noted that Marian, a computer expert himself with a master's degree, could have turned back the computer clock to create a false alibi for himself.

Nontheless, Thompson found that Pohlson did not focus enough on the possible alibi for his client. Pohlson admitted screwing up and stepped down from the case. Deputy Public Defender Mark Brown took over representing Marian, basing his additional evidence motion on Pohlson having been confused by the highly technical testimony.

Meanwhile, Thompson on Monday said Marian perjured himself and "suborned perjury of his wife" when it came to evidence about videotaping 12- to 14-year-old girls undressing in his bathroom. Brown obviously thought better than to try to get a new trial on those counts after hearing that.

Jason Alan Marian can dance with fellow inmates.
Jason Alan Marian can dance with fellow inmates.
Courtesy of Orange County Sheriff's Department

UPDATE, JULY 19, 1:10 P.M.: Mission Viejo dance instructor Jason Alan Marian, 32, was sentenced today to two years and eight months in state prison for having unlawful sex with a 16-year-old dance student and secretly videotaping several other teen girls after Slip 'N Slide at a nearby park and a pool party at his home as they changed in the bathroom.

The Orange County District Attorney's office (OCDA) had sought a sentence of seven years and eight months in the can.

The reduced time came as a result of the judge ruling yesterday that Marian must be retried on four felony counts of using a minor for sex acts and one felony count of sexual penetration by foreign object of a minor.

The trial jury convicted Marian on April 30, 2010, of those counts and two felony counts of oral copulation of a minor, one felony count of possession and control of child pornography and one misdemeanor count of secretly filming another with the intent to arouse.

The counts Marian received sentence on today were based on his engaging in unlawful oral sex and digital penetration in his home with a 16-year-old girl who was a student at Mission Viejo Dance and Performing Arts Center where he worked (although she was not one of his students).

Following a defense motion claiming the discovery of additional evidence, the judge ordered retrial on counts based on accusations that Marian invited the 16-year-old to the beach, gave her alcohol, took provocative photographs of her in her bathing suit and digitally penetrated her there.

For Didi, who a year ago commented on this very blog, "Jason was working all day but the judge wouldn't allow evidence in court to prove it. Don't believe everything you read, folks," we direct you to the words of one of Marian's victims and her mother, delivered to the judge before he passed sentence today (via an OCDA conviction statement):

During the sentencing today, one of the victims who was unknowingly videotaped by Marian in his bathroom gave a victim impact statement to the court and said, "As a 7th grader at 13 years old, I had discovered firsthand what betrayal really was. For the past four years this has always been in the back of my mind. The impact of all that has gone on is indescribable. I have been waiting for this to finally be over and now that it is, I feel like a weight has been lifted off my shoulders."

The mother of this victim also addressed the court and said of the defendant, "No one saw it coming. You are the most dangerous of predators because you so carefully manipulated your way into the dance studio and into the families of the victims pretending to be something that you were not. You painted a masterful picture of yourself--someone who was married, someone who befriended many of the families, and someone who had just become a father. On the outside you looked safe.  On the inside, you are a sick man." 


 

[UPDATED with Judge's Reasoning:] Jason Alan Marian Had Sex With 16-Year-Old Dance Student, Secretly Taped Girls Undressing in His Home


UPDATE, MAY 4, 2010, 9:20 A.M.: Jason Alan Marian, the 31-year-old Mission Viejo dance instructor previously blogged about here, faces up to nine years in state prison following his conviction for having an unlawful sexual relationship with a 16-year-old dance student and secretly videotaping several other teen girls after a pool party at his home as they changed in a bathroom.

In April 2007, Marian invited several female dance students from Mission Viejo Dance and Performing Arts Center--where he and his wife worked as instructors--to his home for a party. They were encouraged to wear bathing suits as a Slip 'N Slide had been set up for the 12- to 14-year-old girls at a nearby park, and there was a pool at the Marians' Mission Viejo abode.

After slipping and sliding in the park, the girls were encouraged to come back to the Marian house for a barbecue and swimming. They were instructed to slip out of their wet bathing suits at a certain bathroom inside the home.

One girl noticed a secret camera had been set up, removed it and gave it to her parents, who turned it over to the Orange County Sheriff's Department.

A subsequent investigation determined the dance insutrctor had not just set up the surreptitious taping system for sexual gratification but that from December 2005 to June 2006, he had groomed a 16-year-old Mission Viejo Dance and Performing Arts Center student for an unlawful sexual relationship.

The girl was not one of his dance students, but Marian offered to help her with a school science project by taking her to his other job at the Ocean Institute in Dana Point. She was given alcohol and the subject of provocative photos he snapped before he fingered her and had oral sex with her, at his home and on the beach.

Marian was found guilty by a jury of five felony counts of using a minor for sex acts, two felony counts of sexual penetration by foreign object of a minor, two felony counts of oral copulation of a minor, one felony count of possession and control of child pornography, and one misdemeanor count of secretly filming another with the intent to arouse.

He is scheduled to be sentenced July 16 in Santa Ana.
 

Prey?
Prey?
Photo by Flickr user nmhschool


ORIGINAL POST, APRIL 21, 2010, 11:46 A.M.: A dance instructor is on trial for illegal sex acts with a 16-year-old girl and secretly videotaping 12- to 14-year-old girls changing out of wet bathing suits in the 31-year-old married man's Mission Viejo home.

Jason Alan Marian is standing trial in Santa Ana on five felony counts of using a minor for sex acts, two felony counts of sexual penetration by foreign object of a minor, two felony counts of oral copulation of a minor, one felony count of possession and control of child pornography, and one misdemeanor count of secretly filming another with the intent to arouse.

If convicted, he faces a maximum sentence of nine years in state prison.

That "what the fuck?" you just heard was me saying "what the fuck?" to the possibly penalty being only nine years.

Marian and his wife were dance instructors at Mission Viejo Dance and Performing Arts Center on April 14, 2007, when he invited several 'tween female dancers to his home for a party.

According to the case being brought by the Orange County District Attorney's Office, Marian set up a Slip 'N Slide in a nearby park for the girls to glide across in their bathing suits. Afterward, he had them come back to his house for a barbecue and swimming.

Prosecutors say he'd set up a hidden camera in the bathroom of his house and instructed the unsuspecting girls to change out of their clothes in the bathroom so as not to ruin his furniture.

Some girls had been surreptitiously taped undressing when one spotted the camera, removed it from its hidden perch and gave it to her parents, who turned it over to the Orange County Sheriff's Department, according to the OCDA.

That sparked an investigation that led to the discovery that Marian had allegedly "groomed" a 16-year-old Mission Viejo Dance and Performing Arts Center student between December 2005 and June 2006, according to prosecutors.

She was not one of Marian's dance students, the OCDA says, but he allegedly offered to assist her with a school science project by taking her to his other job at the Ocean Institute in Dana Point, where running the podcast program was among his duties.

He is accused of inviting her to the beach, plying her with alcohol and taking provocative photographs of her in her bathing suit before fingering her at the beach, claim prosecutors.

They add that in June 2006, Marian allegedly engaged in unlawful oral copulation with the girl and also penetrated her digitally.

Only nine years?



Sponsor Content

Newsletters

All-access pass to the top stories, events and offers around town.

  • Top Stories
    Send:

Newsletters

All-access pass to top stories, events and offers around town.

Sign Up >

No Thanks!

Remind Me Later >