April 4, 2016 - The sentencing phase of the Vickers trial began on Monday, April 4, 2016 in the 123rd Judicial Court with Judge Charles "Brick" Dickerson presiding. Following closing arguments from Stephen Shires, Assistant District Attorney, and Seth Johnson, Attorney for the defense, the jurors went into deliberation for 4 1/2 hours and returned with their decision.
When they returned to the courtroom, the sentencing was read and the result was in each of the consolidated counts 1-3 the jurors recommended three years confinement in the Texas Department of Criminal Justice prison system and $10,000 fine attached to each of those charges. This did not include the count 2, sexual assault - child victim charge in case number 15-CR-19,556 for which Vickers was acquitted by the jury. No fines were attached to counts 4,5, and 6 from each of the consolidated cases to which Vickers pleaded guilty; however, three years confinement was the recommendation of the jury.
A sentencing hearing is scheduled for Monday, April 11, 2016 at 1:30pm to, according to Shires, get some things squared away and address another legal issue, "Even if we sentenced today, Mrs. Vickers would be entitled to an appeal bond based on the fact that she received less than 10 years."
Vickers remains out on her original bond and once she is sentenced, her defense attorney, Johnson will have the opportunity to file for an appeal bond during which time she may stay out of prison until her appeal is heard or start her time.
Jurors found Vickers guilty on all charges but one in relation to three consolidated cases against her for an improper relationship between educator and student on Thursday, April 1, 2016. The total counts being considered for sentencing were 17. Once the jury reached their decision they were released from their duties.
These charges related to March 28, 2015; April 27, 2015; and May 9, 2015 and include consolidated count one, sexual assault - child victim; consolidated count 2, sexual assault - child victim; consolidated count three, indecency with a child by contact; consolidated count 4, improper relationship between educator and student, while Vickers was an employee of a public secondary school, Shelbyville High School; consolidated count 5, improper relationship between educator and student, while Vickers was an employee of a public secondary school, Shelbyville High School; and consolidated count 6, improper relationship between educator and student, while Vickers was an employee of a public secondary school, Shelbyville High School.
Judge Dickerson instructed the jurors on their options relating to sentencing, including the option of sending Vickers to prison for two to 20 years and up to a $10,000 fine, or sentencing her to community supervision (probation) for not more than 10 years and the possibility of a similar fine.
During closing arguments Shires addressed the jury about the testimony of Dr. Stanley and apologized if he tried their patients in asking her so many questions. To him it appeared any of the data Dr. Stanley was using came from information provided by Vickers and the testing indicated she was unsatisfied with her marriage.
He referenced the "heart wrenching" testimony of her husband, Vance Vickers and how he didn't even know if he was going to stay when the charges first came down. Shires referenced Vickers in the jailhouse interview stating her husband wasn't there, suggesting part of a reason why the relationship started.
Shires stated Vickers committed adultery which he went on to state is between herself, her husband, family and God and no one else's business. What Shires stated made it everyone's business is that she committed adultery with a child.
He continued by explaining some in the community have considered the situation might have been a right of passage or "high-five moment," which it wasn't. He indicated that no matter how physically mature the victim may have been, he was not yet emotionally mature.
Trust which the victim's mother had for Vickers and how it was broken was another point of argument for Shires, even with her husband.
Johnson addressed the jury and said the first and easiest reaction to this case is to be angry. He said Shires suggests the jury send a message to the community. He asked them if mercy is not what they hear of every Sunday morning. He asked the jury if Vickers does not deserve mercy.
He told them again, Vickers has not been convicted of a felony before and how nine of the counts against her would not have been brought just a few months later, as the victim would have been the legal age of consent.
Johnson spoke of Vickers being a good candidate for probation, because of the continued faith based counseling they have attended and her husbands statements on the witness stand indicating she is now a different person than she was.
No contact with any children 17 years of age or younger, and the only exception would be her own children, which is up to the judge. Any others would be while they are under the supervision of another adult. She will also have to register as a sex offender for the rest of her life, which the registration is updated every 90 days.
Johnson asked the jury to look at Vickers as a whole person and not just at the worst thing that she has done. He asked the jury to show mercy to Vickers and her family.
Shires redirected, and he asked the jurors to close their eyes and imagine the defendant was a male basketball coach and the victim was a female cheerleader. He related all the facts to the victim and defendant in the reverse and stated to the jurors what is good for the goose is good for the gander and asked the jurors to do what is right.
Portions of Friday, April 1, 2016 Testimony
Johanna Vickers entered the sentencing portion of her case with testimonies lasting the full day in the 123rd Judicial District Court. Once all testimonies were heard the juror's requested a continuation until Monday before proceeding.
Jean Stanley, Ph.D, a forensic mental health professional who specializes in sex offender treatment took the stand and Johnson opened questioning for the defense. Throughout the lengthy process, Stanley explained her instruments as well as the results and accuracy. Vickers' scored as a low risk offender, meaning her probability of committing another sexual crime is very low which makes her a great candidate for probation. She shows no signs of psychopathy, nor any attraction to either younger sex. After cross-examination, Shires appeared unable to shake her credibility. He did point out Stanley's test's accuracy demands an honest participant.
Next witness to take the stand was Mario Osby, Principal of Shelbyville High School and the first witness called to the stand by the prosecution. Osby gave the jury a summary of Shelbyville ISD's procedure as to how they prevent student/teacher relationships. He also spoke on two previous write-ups Vickers had received. Both write-ups were given in regards to Vickers' interaction with students on a personal level. Johnson then pointed out that one of the two write-ups were issued for a friendship based relationship with a female student.
Shires called the mother of the victim to the witness stand. She proceeded to speak on how this situation has deeply affected both she and her son. She mentioned his love of basketball, and how she manages to never miss a game, no matter how busy her schedule. She also spoke on the trust she had with Vickers, and how that trust was deeply violated. The mother then let the jury know that she does not wish harm to Vickers; she only hopes Vickers can get the help she needs.
The last two witnesses of the day were both called by the defense. Vickers' husband Vance took the stand and detailed the past year of their life. He let the jury know why he chose to stay with his wife, how God has taken such a huge role in their life, and how his wife has changed dramatically from the day she was arrested.
"When Johanna had to tell me, or when Johanna told me that she, this had happened, it's hard to put into words. I was devastated, I was emotionally I was just, I was heartbroken. I was furious. I was mad at everybody, I was mad at Johanna, I was mad at [the victim], everybody that had a hand that was involved. From Jud [Matthews], [Investigator] Chad Brown everybody that I had to come into contact with in this situation," said Mr. Vickers. "That first night we were together, we were home together, our children were at my in-laws and we were talking and I wanted answers, I wanted to know why, I wanted to know how. I got even more furious that night because she couldn't answer, she couldn't tell me why."
Mr. Vickers stated they finally were so exhausted that night and she begged him to leave it alone and start over in the morning, "We did and we laid down and I couldn't even stand to stay in the same room. I went to my son's room and I was, I was I can remember being on my knees and just asking God, why? I don't know how long I was there but I finally realized she was there with me and I was still so mad, I was still so furious, but all I could see was she was hurt, she was devastated and she was trying to comfort me. She was, when I left that room and I went to leave, I was leaving that night, I was done, I was gone. I stayed that night just from what I saw in her."
He recounts a rough and rocky road to recovery, and cites their faith based therapy sessions and new church family as a large reason why their marriage is being repaired. Mr. Vickers also spoke on his wife's pure love for their children and how she always manages to find joy in each child, each and every day.
"I also mentioned earlier, how furious I was and how mad I was at everybody involved. Chad Brown sat here on the first day and he made the comment that he didn't think that we'd ever be friends and I think he's right, I don't think we're ever going to be bosom buddies, but for the first time, this is very recent, but for the first time I am not mad anymore. I'm not mad, I don't wish ill will toward anybody, I understand that these are difficult jobs and everyone is trying to do their job, and I've given it to God and I've given Johanna to God. I'm just, I'm here whatever comes," said Mr. Vickers.
Shires cross-examined Mr. Vickers and confirmed he is a coach and one of the things he coaches is girls softball. He asked Vickers what he would do if he found out one of his students was infatuated with him.
"I don't even know how many of my players actually like me, but I understand your question, that's a very good question and I just. The boundaries are there to protect and in that situation, thank God I've never been in that situation, but in that situation I would do my best to make sure I was not put in that situation," said Vickers.
Shires asked how Mr. Vickers would feel if one of his children was in the same position as the victim.
"You have to understand that I taught [the victim] his freshman year, and that I coached him in basketball his sophomore year and every one of those kids at that high school are my kids and I hurt for him as much as I hurt for my family because he might as well be," said Mr. Vickers.
He agreed with Shires in his final questioning, if he were in the same place as his wife, he would want them to be treated equally.
As Johanna Vickers took the stand, Johnson gave her the opportunity to address those hurt by the situation. From her students, to the victims mother, Vickers tearfully apologized to each victim of her crime. She went on to tell the jury that she knows she must be held accountable, she takes full responsibility and apologizes for failing those who looked to her as a role model.
