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The court-ordered presentencing report recommended probation, as did the Boyles. cynthia ettinger Prosecutor Patti Wabitsch had left the sentence up to the judge. "I was cynthia ettinger on the fence," she explained. "I could see it both ways, prison or probation." Telling her "you're going to need to look deep into your soul" to change "your character flaw," DiMotto sentenced Bittner to one year in prison and three years of community supervision. cynthia ettinger Bittner and her husband are hoping to appeal. They contend that the Boyles didn't put in enough time or provide the best legal advice because they hadn't done their homework on two critical aspects of the case. According to Nicholas Bittner, the Boyles seemed unaware that District Attorney E. Michael McCann had no history of reducing charges in this kind of felony case, and the attorneys didn't thoroughly investigate the language of the law. According to Bittner's new attorney, Stephen Glynn, a sexual assault hasn't occurred if there is no intention to hurt or humiliate the student or to arouse or gratify the teacher.
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