NAPLES — Attorneys in the case of former Gulf Coast High band director Robert Hamberg met Friday to discuss the charging document in the matter, one of two final hearings scheduled before the April 11 trial.
Collier Circuit Judge Fred Hardt granted a defense request for a statement of particulars, a document further detailing the allegations behind each charge against Hamberg.
Hamberg, 53, faces eight counts of lewd and lascivious battery for his alleged relationship with a 15-year-old Gulf Coast High band student between February and May 2009. Investigators say the two performed sexual acts in the school, in Hamberg's car and at his home during the three-month period.
Two of the counts allege an act happened "on one or more occasions" during the three-month period, a phrase that could pose problems when the accuser testifies, Hamberg attorney Jerry Berry argued. Berry only has the accuser's deposition to go by; if she changes her testimony on the stand, her account may still fall within the broad language of the current charges, he said.
Prosecutors say Hamberg's accuser is incapable of narrowing the time frame for each act. She remembers when the general activity began, specific acts and where they began, Assistant State Attorney Debbie Cunningham said.
"It's impossible for her to give exact dates," she said.
Hardt asked prosecutors to be as specific as possible with each count, identifying the frequency of multiple acts or the maximum number of times they are alleged to have occurred.
Issues with the charging document delayed the trial from it's original January date. In that case, Berry disputed prosecutors' late changes to the document's wording.
A pretrial conference in the case is scheduled for 6.
Lewd and lascivious battery is a second-degree felony punishable by a maximum 15 years in jail for each count. Hamberg, free on bond, was not present at Friday's hearing.