Sara Cole Case Headed for Trial

The case against a woman accused of having sex with astudent last summer is headed for a trial set to begin Wednesday, according to the Santa Clara County District Attorney's Office.

Cole, 48, has pleaded not guilty to three felony counts of unlawful sex with a minor. If convicted, she could serve a maximum jail sentence of four years and four months.

"A jury is being picked," said Santa Clara County District Attorney spokeswoman Lisa McCrary, explaining that Deputy District Attorney Timonthy Moore, who's prosecuting the case, and Cole's attorney, Mike Armstrong, are selecting 12 jurors and several alternates.

McCrary said once the jury is picked and seated, opening statements will begin before Santa Clara County Superior Court Judge Jerome E. Brock in Department 35 of the San Jose Hall of Justice, followed by witnesses. 

Last summer, the , acting on concerns by the alleged victim’s parents, launched a two-month investigation. In September, officers served a search warrant at Cole’s home and seized equipment and phones, police sources say.

On Sept. 30, 2010, Cole turned herself in to police after a warrant had been issued for her arrest. The mother of four was accused of having an affair with a local teenage boy over the course of several months.

She was released on a $30,000 bail on Oct. 1, 2010, and arraigned on Oct. 13, 2010.

Moore has said the complaint filed against Cole alleges three separate violations occurring between May 1 and July 15, 2010.

Armstrong didn't return calls seeking comment.

In 2007, Cole was embraced by Los Gatos after nearly being killed by a drunken driver. At the time, Cole was considered a local hero and a living warning about the dangers of drunken drivers.

Moore said he's filed a motion to exclude the details about the accident from the jurors. "I can't say for sure whether it [information about the accident] will be excluded. The court's tentative ruling was to exclude it; however, it's been in the media, and my jurors read the media."

Moore added that he plans to put the minor involved in the case, now 17, on the stand to testify. "We allege that she had sexual intercourse with a 16-year-old boy three times. That's what I intend fully to prove."