Former SMHS band director enters plea

By Lynn Hotaling and Carey Phillips

A former Smoky Mountain High School band director pleaded no contest to charges of taking indecent liberties with a student Monday in Jackson County Superior Court.

Mike Sanford, 44, of Bryson City, was arrested and charged Dec. 13, three days after resigning from his position at SMHS. Sanford, the school's fourth band director in as many years, was midway through his second year at the school at the time of his arrest.

Judge Marlene Hyatt accepted Sanford's plea and asked if he understood the consequences.

"Do you understand that pleading 'no contest' to a charge of indecent liberties carries a maximum sentence of 15 months?" Hyatt asked. "Upon a plea of no contest, you will be treated as if you are guilty whether or not you admit guilt."

"Yes, ma'am," Sanford said.

Hyatt delayed sentencing until July 21, pending an evaluation by Smoky Mountain Mental Health.

Sanford's sentence will not include active time, Assistant District Attorney Monica Leslie said Tuesday.

"Due to where he falls on the sentencing grid, there is no possibility of active time," Leslie said.

Charges against Sanford arose from a Dec. 7 incident and involved a 15-year-old female band student, according to Leslie.

Sanford and the student began an e-mail correspondence in November. While the e-mails were initially friendly, they developed sexual overtones, Leslie said. On Dec. 7, Sanford and the student exchanged an "open-mouthed kiss" in the driveway of the student's home after Sanford had taken her home from band practice, the prosecutor said.

Sylva attorney Frank Lay, who represents Sanford, said that the former teacher's decision to plead no contest was based on what Sanford thought would be in the best interest of SMHS band students.

"He made the decision that it's in the best interest of the students to go ahead and enter a plea," Lay said. "He's not denying he's made some mistakes. He wants to minimize future pain for the victim and any other students."

The judge stipulated that Sanford is not to seek a job as a teacher or any other job where he would be in direct supervision of minors during the term of his probation. He was also instructed to have no contact with the prosecuting witness or her family and to make restitution to the victim for the cost of her treatment.

Leslie said the plea arrangement had been discussed with the witness and her family and they are in agreement; the victim's mother was in the courtroom.

As part of the plea agreement, no additional charges will be filed against Sanford in connection with any alleged incidents that have been investigated.

School and law enforcement officials indicated in December that they were investigating an alleged prior act involving an SMHS student in 2001 as well as an alleged incident at Swain County High while Sanford was band director prior to being hired at Smoky Mountain.

The incident for which he was charged came to light after the victim told one of her girlfriends about her correspondence with Sanford and showed the friend some e-mails, Leslie said. The victim's friend then took them to her mother, who passed the e-mails along to SMHS Principal Kenny Nicholson, who notified law enforcement, according to the prosecutor.

"I'm glad this one is resolved," School Superintendent Mack McCary said of Sanford entering the no contest plea. "We've got some kids and staff who were on top of this. In this instance we may have prevented something from happening."

McCary said the school system has instituted tougher screening procedures in hiring personnel but acknowledged that screening is not foolproof.

"When we checked Sanford's (Swain County) references before we hired him, everything we heard indicated we were hiring an outstanding band director," McCary said in December.

School officials also have implemented regular surveys of staff, students and parents, especially in regard to how comfortable people feel in reporting situations, and have identified staff at each school that students feel comfortable confiding in.

Sanford's December arrest marked the third time in less than two years that a county high school teacher faced sex-related charges.

Another SMHS teacher, Nathan Hopper, 50, received a prison sentence in July after pleading guilty to taking indecent liberties with his older daughter when she was between the ages of 11 and 14.

Charges against Hopper surfaced six months after a sex scandal involving a teacher and school resource officer at Blue Ridge rocked the school community. In that case, former teacher and Athletic Director Joe Brooks pleaded guilty to having sex with a student and facilitating students having sex with each other at his home and in his office during school hours. Brooks is currently serving a five-year prison sentence.

Former Sheriff's Office Deputy Robbie Hess, who was Blue Ridge's resource officer at the time of the incidents, pleaded guilty in the same case to obstruction of justice for his role in assisting Brooks. Hess received a suspended sentence.

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