By DAILY MAIL REPORTER
A former elementary school teacher who allegedly raped two teenage boys - one of whom was her daughter’s boyfriend - has waived her rights to a preliminary hearing.
Michelle McCutchan,40, from Cecotah, Oklahoma, was charged with almost two dozen charges in May last year.
McCutchan, who waived her rights to a preliminary hearing on Tuesday, faces nine counts of second-degree rape, nine counts of sodomy, two counts of providing alcohol to minors, one count of possessing child pornography and one count of child neglect, relating to her daughter.
Charged: Michelle McCutchan, 40,who allegedly raped two teenage boys - one of whom was her daughter's boyfriend - waived her rights to a preliminary hearing on Tuesday
Had McCutchan persisted with the preliminary hearing at least four juveniles, as well as her daughter, would have been called to testify.
Assistant District Attorney Crieg Rittenhouse told Tulsa World that the recommended punishment for McCutchan would have been much harsher if she chose to have a preliminary hearing.'We’re trying to save the victims from going through the trauma of having to relive this,' he said.
'If we can resolve this case without those victims having to testify and still have a sentence where she goes to prison - that’s what we want to do.'
McCutchan, who is now set to be arraigned on August 1, waived her rights at the McIntosh County District Court with her attorneys Steve Barnes and Warren Gotcher.
She has pleaded not guilty to all counts.
Last spring, the teacher confessed to having sex with the one teen, who was her daughter’s boyfriend, on at least five occasions and setting up a video camera to film two of the romps.
The mother of one also sent the teen nude pictures of herself as well as sexually explicit texts during their five month affair.
Police in Checotah, Oklahoma, found out about the affair when the teen boasted to his friends about the home made sex tape.
After being quizzed by detectives McCutchan admitted she had videoed herself having sex with her teen lover. McCutchan admitted having sex with the two boys, who were both 16-years-old at the time, between December 2010 to May 2011.
The child neglect charge relates to McCutchan allegedly involving her daughter in sex acts with a teenage boy. McCutchan was a fifth grade teacher at Marshall Elementary school.
McCutchan faces up to ten years in jail and is currently free on a $100,000 bond.
A former Checotah elementary school teacher who faces a 22-count indictment stemming from the alleged rape of two teenage boys waived her rights to a preliminary hearing Tuesday.
Michelle Diane McCutchan, 40, made the decision before Judge Thomas Bartheld in McIntosh County District Court with her attorneys Steve Barnes and Warren Gotcher.
Assistant District Attorney Crieg Rittenhouse said after the hearing that their recommended punishment would have been much harsher had McCutchan persisted with the preliminary hearing, at which at least four juveniles as well as a female relative could have been called to testify.
"We're trying to save the victims from going through the trauma of having to relive this," Rittenhouse said. "If we can resolve this case without those victims having to testify and still have a sentence where she goes to prison, that's what we want to do."
Barnes said he is still in talks with his client and had no further comment. McCutchan is set to be arraigned Aug. 1. She was charged in May 2011 with multiple counts of rape, sodomy, child neglect, furnishing alcohol to minors and possession of pornography.
She has pleaded not guilty to all counts and is free on $100,000 bond.
The victims were 16 at the time, which is old enough to consent to engaging in sex, but prosecutors pressed the charge because the youths attended school in the district where McCutchan taught.
The pornography charge deals with a video in McCutchan's possession that depicts a teenage boy and girl having sex and contains lewd pictures of a minor girl.
McCutchan was charged with child neglect for allegedly involving a female relative in sex acts with a teenage boy.
She had taught school for 18 years.
Read more: http://www.dailymail.co.uk/news/article-2169045/Sex-tape-teacher-Michelle-McCutchan-raped-second-student.html#ixzz24aK0sqDt