Lindsey Trimble, a former Clovis East High School teacher arrested for a sexual relationship with an underage student, will have her bail returned because a complaint has not been filed by the district attorney, a judge ruled Thursday.
Trimble's lawyer, Jeff Hammerschmidt, said he doesn't know why the district attorney has not filed. He said his phone calls about the case were not returned.
"They have had time to file, but they haven't filed yet," Hammerschmidt said Thursday following a brief hearing for Trimble.
Hammerschmidt said he thinks the case was complicated after his investigators learned that the student told Trimble he was 18 years old when their relationship began last year. He did not turn 18 until a few months later and was a Clovis East student at the time.
Trimble, 28, of Auberry, remains free. She resigned from her position at Clovis East after teaching there for two years.
The District Attorney's Office can still file the case against Trimble, who was arrested last month by Clovis police on suspicion of having sex with a minor and oral copulation.
The incidents occurred in a private home in Fresno County between March and July, but Clovis police did not confirm the location.
Filing can occur as long as three years after the 18th birthday of the student, Hammerschmidt said.
Sonia DeLaRosa, spokeswoman for the DA's office, said the case is still under review.
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