Bail reduction at center of teacher’s hearing in sex case

By Matt Pordum

Tuesday, June 29, 2004 | 11:14 a.m.

Justice of the Peace Douglas Smith said this morning that he plans to look into why another justice of the peace lowered the bail Smith had set for a former University of Nevada Las Vegas basketball player accused of sexually assaulting two female students while serving as a substitute teacher at Grant Sawyer Middle School.

Cornelius Ausborne, 29, was arrested June 14 on two counts of sexual assault of a minor 14 years of age or younger, sexual misconduct with a student and related offenses. On June 17, Smith raised Ausborne's bail to $60,000 from $5,000. But within a few days of that bail setting, Justice of the Peace Tony Abbantangelo lowered Ausborne's bail back to $5,000, and Ausborne posted bail and was released from jail. Abbatangelo's move appeared to puzzle and concern Smith when Ausborne was before Smith this morning for the scheduling of Ausborne's preliminary hearing. The hearing was set for Aug. 18.

Smith said he planned to find out why Ausborne's bail had been reduced so that he could reconsider Ausborne's bail at the preliminary hearing.

Ausborne, who was accompanied by his wife and mother in court this morning, had left the state to live with his mother in Dallas, Texas, after he posted the reduced bail.

Ausborne has admitted to fondling a 14-year-old in his classroom and having sexual intercourse with a 13-year-old girl at her home, according to the police report.

During this morning's hearing, Ausborne's lawyer Stephen Stein asked Smith to consolidate the case with another facing his client. Ausborne is scheduled for a preliminary hearing before Justice of the Peace Nancy Oesterle on July 14 on additional counts of sexual assault of a minor 14 or under, sexual misconduct with a student and related charges.

Smith said he would have no problems consolidating the cases and hearing them both at the Aug. 18 preliminary hearing. He told Stein to contact Oesterle and Deputy District Attorney Lisa Luzaich, who is prosecuting Ausborne's case before Oesterle, to talk to them about the possible consolidation of the cases. Ausborne has been a substitute teacher at the middle school for the past two months. Authorities say they began their investigation earlier this month after hearing reports a teacher was having sex with students. Ausborne was fired after school administrators were informed of the charges.

Ausborne narrowly avoided facing felony charges for an unrelated matter a decade ago, according to SI.com. That Web site's archives include a report that in May 1994 Ausborne was one of two University of New Mexico basketball team members suspected of stealing $2,500 in property from a dorm at the Albuquerque school, but a deal was struck under which Ausborne and his teammate, Charles Smith, made restitution and campus police did not forward felony charges to the District Attorney's office. Five months later, Albuquerque police arrested Ausborne and Smith for allegedly shoplifting at a Wal-Mart, the Web site reported.