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Spokane, Washington  Est. May 19, 1883

Hearing In Abuse Case Postponed Teacher Accused Of Molestation Undergoing Chemotherapy, Can’T Assist In Own Defense

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A judge has postponed hearing whether there is enough evidence for a teacher accused of molesting one of his students to stand trial.

David Martin Ballard, 47, was arrested in August, charged with sexually abusing a 14-year-old girl.

Five days later, the well-known history teacher and athletic announcer resigned from his post at Woodland Middle School.

Because of intensive chemotherapy treatments that began Monday, the Post Falls man can’t assist in his defense, attorney Tim Gresback said Friday.

Magistrate Judge Barbara Buchanan agreed.

“It’s the court’s duty we follow the law and preserve Mr. Ballard’s rights,” she said. The preliminary hearing won’t go before the court until Ballard’s treatments are finished Oct. 28.

Ballard announced at a high school basketball game last winter that he was suffering from his second bout of melanoma. The community responded with an outpouring of sympathy and gifts.

Prosecutors argued Friday that postponing the preliminary hearing would only do more damage to the victim and her family.

Friday’s decision was the third delay in Ballard’s prosecution.

The first time a judge dismissed himself from the case. The second time the defense attorney had to take care of personal matters.

“The matter needs to go forward sooner or later,” Lansing Haynes, chief criminal deputy prosecutor, said Friday.

The girl testified that she’s tired of preparing for court only to discover it’s been postponed until another day.

“I want to get it over with,” she said.

Ballard met with her every day this summer, sometimes after undergoing chemotherapy, she said.

According to police reports, Ballard fondled the girl 15 to 20 times and she performed oral sex on several occasions at the middle school.

A security officer at Shopko in Coeur d’Alene reported to police that he saw a man, believed to be Ballard, kissing and hugging a 14-year-old girl in August.

The officer videotaped two incidents, according to police reports.

The Coeur d’Alene School District sent a letter to Ballard last spring telling him to have no more contact with the girl.

Officials said the letter was prompted by a request from the girl’s parents, who felt the relationship was too close.

Ballard is married and has three daughters.