MEDINA — An attorney for a former Wadsworth High School teacher sentenced Tuesday on a felony charge of tampering with evidence said he plans to appeal the conviction.
Medina County Common Pleas Judge Christopher J. Collier sentenced Benjamin Klafczynski, 29, of the 4400 block of Beach Road, Granger Township, to 180 days in jail and five years of probation.
In July, a jury found Klafczynski guilty of tampering with evidence, a third-degree felony, after a four-day trial.
“I am not going to say we weren’t happy, but we asked for three years and the judge gave him what he gave him,” county Assistant Prosecutor Scott Salisbury said. The charge was punishable by up to three years in prison.
Attorney Richard J. Perez said he will appeal the conviction, adding he believes there was insufficient evidence to convict Klafczynski of tampering with evidence.
“I am not happy when any of my clients go to jail,” Perez said. “All I can say at this point is that we intend to appeal the tampering with evidence charge.”
The tampering charge stemmed from Klafczynski deleting the Snapchat app from his phone, on which he is accused of receiving an inappropriate photo from a 16-year-old female student at Wadsworth.
“There was no transfer of photographs,” Perez has said. “There was no transfer of nude photos with the female. He was acquitted of those two charges.”
The jury acquitted Klafczynski on two charges of sexual imposition, a third-degree misdemeanor, and illegal use of a minor in nudity-oriented material or performance, a second-degree felony.
“We were very pleased with the fact that he was found not guilty of the other charges that he was charged with,” Perez said Tuesday.
Perez and attorney Hector G. Martinez had sought to have the verdict set aside.
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