PARIS — A Bourbon County teacher charged with first-degree sexual abuse of a high school student planned to retire in a few years, a defense attorney said during opening statements at the start of her trial Monday.
Kimberly Fryman, 52, would not have risked losing her job and becoming a registered sex offender, defense attorney Richard Rawdon of Georgetown said. He told jurors in Bourbon Circuit Court that the alleged victim was a problem student who smoked tobacco, used vulgar language and was disruptive in class.
Fryman had taught for the district about 24 years. She was indicted June 11. The indictment says Fryman subjected the boy to sexual contact when he was younger than 18 and she was in a position of authority or special trust.
Rawdon said Fryman, who was the only teacher at an alternative school for students with behavior issues, walked into a room in October 2008 and found the boy with his pants down. He grabbed her hand and forced her to touch his penis, Rawdon said.
Fryman taught at the Continuous Learning Center, which is in a small house near the high school. The center has several rooms where students in various grades often received individual instruction, Rawdon said.
The defense attorney said Fryman told the boy she was going to report him and file "out of control charges" against him, Rawdon said. He said the boy told her she would be sorry if she did that.
Rawdon said Fryman did not plan to report the boy for sexual harassment because her husband, Larry Fryman, is a former deputy sheriff, and she was afraid her husband would want to get even.
"She was afraid of what he might do to the kid," Rawdon said.
Rawdon said Kimberly Fryman did not have a chance that day to report the boy, and she was out sick the next two school days. An investigation started during that time, and Fryman was suspended when she returned to school.
But prosecutors say more happened in the room that day.
Jessamine County Commonwealth's Attorney Tom Lockridge said that Fryman performed oral sex on the teenager and that she wanted to have sex with him on her upcoming birthday.
He told jurors the statements Fryman gave a school resource officer, state police and in grand jury testimony differed. For example, Lockridge said, in one statement Fryman said she never touched the teenager, and in another she said she touched him for about 2 seconds when he grabbed her hand.
Prosecutors also described several sexual text messages between Fryman and the boy and between Fryman and other students.
But Rawdon said Fryman left her cell phone on her desk because her parents were ill, and there were opportunities for the students to play with her phone. Rawdon said the boy gave out Fryman's phone number while on a school bus.
The teenager, who was 16 when the incident allegedly occurred, also testified Monday, saying that several text messages were sent between him and Fryman and that she told him she wanted to have sex with him. He said she performed oral sex on him for about eight minutes.
The two never had sexual intercourse, the boy testified.
The Herald-Leader does not generally identify people who allege sexual abuse.
The trial resumes Tuesday morning, and jurors are expected to begin deliberations by Tuesday afternoon.