Plea from coach accused of sex with underage girls
No prison time, must register as sex offender
By MARSHA DORGAN
Napa Valley Register
3 p.m.The former St. Helena coach charged with sexually molesting two students a decade ago has pleaded no contest to two charges.
Herschel Sandler, 45, appeared in court on Thursday and pleaded to two counts of felony oral copulation. When Sandler was arrested April 2, he was initially charged with two counts of oral copulation with a minor under 16, one count of oral copulation with a minor under 18, and one count of a lewd act upon a child under 16.
As part of the plea bargain, Sandler will register as a sex offender for the rest of his life. He will not face any prison time, Napa County District Attorney Investigator Bill Francis said.
However, he could be sentenced to the maximum of one year in county jail.
The sexual molestations with the girl under 16 happened from 1997-98 while Sandler was a volleyball coach at St. Helena High School. He was also serving as a youth minister at his former St. Helena church.
The other charge involves the sexual assault of a girl under 18, from 1996-99.
Sandler coached both victims in volleyball and they were also active in his youth ministry group, Francis said.
He resigned from St. Helena High School in November 2007, shortly before the first allegations surfaced. At the time, he cited personal and family issues as his reasons for leaving.
At Thursday’s hearing, Superior Court Judge Rodney ordered Sandler to stay away from girls and boys under 18.
“The judge granted his request to have contact with minors he has to be around in the course of his employment, which is in the restaurant business,” Francis said.
Francis said the district attorney’s office has been in communication with the victims, who “agreed and were pleased” with Sandler’s plea. “This also means they will not have to testify at a court trial.”
The allegations against Sandler came to light after complaints were filed by the two victims in November 2007 and January 2008.
Francis said other alleged victims have come forward but the statue of limitations has run out.
The sexual relationships between the victims and Sandler were consensual, according to court documents.
In addition to serving as a volleyball coach at St. Helena high, Sandler also coached wrestling at the school for 13 years.
Sandler, who is out of custody after posting $100,000 bail, is set to be sentenced June 17.
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Dwayne wrote on May 1, 2008 3:11 PM:
Posters and parents alike put their head in the sand when this stuff rears it's ugly head. Denial is not a river in Egypt. "
JustMy$.02 wrote on May 1, 2008 3:18 PM:
Unbelievable "
aszmidt wrote on May 1, 2008 3:33 PM:
hudds5 wrote on May 1, 2008 3:45 PM:
car2007 wrote on May 1, 2008 3:54 PM:
skiph wrote on May 1, 2008 4:22 PM:
Byoung wrote on May 1, 2008 4:45 PM:
GetReal! wrote on May 1, 2008 4:49 PM:
What about the lax standard on female adults engaging in the same activities with a minor boy, or girl for that matter? There was a threepeater on the news just the other day. They just slap the wrist on these women and consider the teen boys "lucky."
What an obvious double standard. Girls that engage in consensual sexual activities with adults are no more harmed than are their male counterparts. Don't get me wrong, I believe that emotionally and psychologically, they are equally injured. "
crusherfan wrote on May 1, 2008 5:18 PM:
newmom wrote on May 1, 2008 7:00 PM:
And here are my concerns that make me look at our “JUST” justice system at a different angle.
If the California law says that you cannot have sex if you are under 18, how come there are so many teenagers having sex with each other and they are not in jail? How come Britney Spears’ sister’s boyfriend is not in jail? She is 16, right? And he is 3 years older…How many of you and all other people out there walking the streets of USA started to have sex in their teen years? Why aren’t those people in jail?
Some people here say that this guy has to spend his whole life in prison. Ask yourself – how old were YOU when you started having sex? Do YOU want to go to prison for the rest of your life?
And how come a thinking, educated 17-year-old girl who consensually chose to have sex 10 years ago all of a sudden becomes a victim?
"
Dwayne wrote on May 1, 2008 7:17 PM:
No legal mombo-jumbo, please... One means the perp does not contest the charges against him, and the other is the result of a ruling.
Statutory rape is statutory rape by any other name. Since you think it's "normal", then hire the guy as your babysitter, or tutor. "
napawineo wrote on May 1, 2008 7:22 PM:
wow do you have a lot to learn.... what you said doesn't even make sense...think before you type next time. "
jjnnapa wrote on May 1, 2008 8:05 PM:
" Okay, I'll bite: What is the difference between "no contest" and "guilty"?
No contest derives from the latin word, “nolo contendre”. In our justice system what it means is that someone is saying “I will plead guilty to the criminal charges, however, I will not admit to guilt, so that it cannot be used against me in tort law”. The reason behind this is because when a person pleads “no contest” the victim of the criminal acts cannot use the guilty verdict in a civil trial.
A person who is found not guilty in a criminal trial can still be found guilty in a civil court, (example is OJ Simpson was found not guilty in criminal proceedings and received no punishment, but later, was found guilty in civil court and lost almost everything he owns.) By a person pleading “no contest” as far as the civil court is concerned, he/she never plead guilty.
So to sum all of this up, it is the most common plea given in our justice system, and the main reason is to protect the defendant from feature action in civil courts; however, in criminal courts we still treat them as a guilty plea when it comes time for sentencing.
"
sammy wrote on May 1, 2008 8:18 PM:
Again I state that my heart goes out to his wife, she must be thoroughly and deeply hurt inside to discover this behavior coming from what she had considered her godly husband.
I am glad the victims do not have to go to trial, for that I am greatful for his,... ahem "no contest" plea.
Parents wake up and please keep an eye on your children in our schools, youth groups, etc. Talk to your children, it's never to soon to begin discussions.
I'm just really sorry for all involved, the victims, the wife, the church, the community in St. Helena... it's all just tragic.
"
Dwayne wrote on May 1, 2008 9:00 PM:
MarkMiwords wrote on May 1, 2008 9:43 PM:
XMAN wrote on May 2, 2008 3:48 AM:
XMAN wrote on May 2, 2008 3:55 AM:
formernapamom wrote on May 2, 2008 7:37 AM:
cagirl wrote on May 2, 2008 8:47 AM:
Yetiyet wrote on May 2, 2008 9:45 AM:
bornin74 wrote on May 2, 2008 11:57 AM:
WHERE DOES THIS GUY WORK?????
The article states that he works in a resturaunt around KIDS!!!!.
I want to know so I will NEVER patronize that place again!.
He will now have to register under Megan's Law...... If anyone has the time, go to the Sheriff's Dept. website and look up our local Megan's Law Members..... pretty scary......
This REALLY puts a light on who is coaching our kids........
For those parents who do the ol "drop and run" you know who you are... drop your kids at practice and let the coach do the free "babysitting" for you, so you can go to the store, go home and prepare dinner........ BETTER TO STAY, than to use it as free babysitting...
PLUS YOUR KIDS WANT YOU THERE!!! "
Skip M. wrote on May 2, 2008 2:03 PM:
napasfinest wrote on May 2, 2008 2:56 PM:
JimClark wrote on May 2, 2008 3:43 PM:
Now this matter has become more precise, there needs to be a more aggressive action against the miscreant than a mere slap on the hand. A person who holds the trust of The People must suffer stronger retribution for their acts. The youth who were subject to his acts have their own lives and it is a shame they have to carry these memories with them.
I often wonder why Richard Allen Davis is drawing breath this very day. "
CHACHA wrote on May 5, 2008 4:04 PM:
rage against wrote on May 8, 2008 9:57 AM:
Herschel was not in a position to pass or fail any of the students he worked with so their would be no reason for a girl to proposition him with sex to improve their grade. Maybe a girl really wanted to be on the first string volleyball team, but that seems unlikely. Also, we don't know if these girls were involved in volleyball, they could have been invovled in the church group he supervised.
I agree that no prison time for a plea of no contest is a very light sentence, but registering as a sex offender is going to screw him over for the rest of his life, unless he leaves the country.
Also, to anyone who says these teenage girls were just as responsible as the adult in question, that statement is ridiculous. I know some 18 year olds and maybe even some 16 year olds are more mature than others, but these girls were still in high school. I might have thought I knew evertyhing in high school, but once you start living on your own, completely responsible for your own actions, that is when you really mature and become an adult. You can't tell me these girls were mature enough to make these kinds of decisions, and the person who should have been mature enough to make these decisions is the adult. The full blame should rest on the adult's shoulders. "