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HARNER PLEADS GUILTY TO ASSAULT

Daniel Elmer Harner, 66 years old, a former teacher at

Harford Day School, entered an "Alford" plea to Second Degree Assault on a student. Harner recievede a suspended year sentence with conditions of probation that include no contact with the victim, not be employed as a teacher or volunteer for any activity or have contact with anyone under sixteen years.

According to the statement of facts presented today in court, on July 7, 2003, the Harford County Child Advocacy Center began an investigation based on a complaint by an 11 year old child that he had been touched inappropriately. The child, who was 11 at the time would have testified that: On July 7, 2003, he was picked up from his home by the Harner, who had been a teacher at the Harford Day School, where the child had been enrolled, and had been his 4^th grade teacher. He went with Harner with the permission of his parents. He would testify that they went to lunch, and then went to the Harford Day School, where the child was going to help Harner do some work in the classroom. While in the classroom, the child became tired and wanted to sit down. Harner had a recliner chair in his classroom, and he suggested to the child that they sit together in the chair. Harner sat first and the child sat on Harner's lap. Harner's hand touched his groin and crotch area in a way that was offensive, made him feel uncomfortable, and was unwanted.

The child's mother, would testify that she was asked by police to conduct a consensually monitored telephone call with Harner as part of the investigation. She agreed to do so. The telephone call was monitored and audio recorded by Detective Lyne of the Harford County Sheriff's Department. During the telephone call, the mother confronted Harner about her son's disclosure. Harner admitted that the child was sitting in his lap and admitted that he may have touched the child in a way that made him feel uncomfortable. Harner recalled that the child told him not to touch him there and got up. Harner stated that he apologized to the child and then took the child home.

The case had prevcously been tried before a jury but the defendant Harner was granted a new trial. The victim and his family requested that the State's Attoney enter a plea agreement in the case.