The state Court of Appeals has upheld a lower court's dismissal of some of the charges against Ernest Dominguez, a former Santa Fe elementary school teacher accused of molesting students.

The appellate court upheld the dismissal of five counts against Dominguez that were part of a broader indictment filed in May 2003.

The court said Friday that a state district judge in Santa Fe properly dismissed five counts "that could not be linked to a particular incident of abuse."

The indictment charged Dominguez with 10 counts of criminal sexual contact of a minor under 13 — a student who was in fifth and sixth grades when the alleged incidents occurred. All 10 counts read the same, without any information that distinguished one from another.

Prosecutors — who say it's often difficult for child victims to remember the dates of abuse — filed a document with the court that provided specifics for some of the alleged incidents. State District Judge Stephen Pfeffer ruled the case could go forward on five of the counts, and he dismissed the other five.

Dominguez argued that unless the counts were specific, he would not be able to defend himself adequately, violating his due process rights.

The Court of Appeals agreed.

Dominguez, who has not yet gone to trial, also faces multiple charges for other alleged victims.

He was investigated — but never criminally charged — in Tucumcari in the late 1990s for allegedly molesting boys before he moved to school districts in Española and Santa Fe.

At least four federal lawsuits have been filed against school officials and Dominguez. Settlements in three of those cases — involving two boys in Tucumcari and three boys in Santa Fe — totaled about $1.9 million, according to federal court records.




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