Amy Lee Kelly, 41, of Benicia is charged with two counts of lewd acts upon a child and one count of unlawful sexual intercourse, according to court documents. If convicted, she faces a potential prison sentence of more than four years and would have to register as a sex offender, said Chief Deputy District Attorney Kathryn Mitchell.
Kelly, who taught at Bacich Elementary School until leaving last year, has pleaded not guilty in Marin Superior Court and is free on bail. She is due back in court Sept. 6 to set a date for a preliminary hearing.
The case stems from an incident on Oct. 20, when Kelly went to the home of a friend in Corte Madera. Kelly started drinking beer and red wine and became so intoxicated that her friend took her car keys away, according to an affidavit filed by Mitchell.
That evening, the 15-year-old Redwood High boys showed up at the house to visit the daughter of Kelly's friend. Both boys had consumed alcohol.
At some point during the visit, the daughter noticed that one of the boys was no longer downstairs. She went upstairs and saw the boy and Kelly engaging in sexual activity on her bed, the affidavit said.
Upset, the daughter went back downstairs. Later in the night, she realized the second boy was also gone, so she went back upstairs and saw the second teen having sex with Kelly, Mitchell said.
"(The girl) was upset and took photographs of defendant while defendant was naked and in the presence of one of the male juvenile subjects," Mitchell wrote.
The next morning, Kelly told the Corte Madera woman what happened, mentioning that one of the boys was a virgin, and the woman confirmed the story that day after confronting the teens at a Redwood High School football game, according to the affidavit.
In subsequent interviews with the Twin Cities Police Department, the first boy told investigators that he and a woman had fondled each other at the house, and the second teen said the woman asked him upstairs, performed oral sex on him and then had intercourse with him.
Police then lined up six photographs, one of Kelly and the others of similar-looking women. The first teen told investigators that he was 90 percent certain Kelly was the woman he had sexual contact with. The second boy reported a 50 percent certainty.
Kelly, who had resigned from Bacich the previous spring, left the area for some time after the incident, police said. Last month, when prosecutors obtained a $100,000 warrant for Kelly's arrest, her attorney brought her into the Twin Cities Police Department for booking and a DNA sample.
Kelly could not be reached for comment Friday. Her defense attorney, Michael Semansky of Walnut Creek, did not return a call left with his office.
Kelly, who is divorced and has two children, worked at Bacich for 11 years, said Bob Caine, superintendent of the Kentfield School District. Caine said he did not know why she resigned and did not know where she has been working since.
Contact Gary Klien at firstname.lastname@example.org.