A former Bowie High School English teacher was ordered by Maryland's highest court today to stand trial on a fourth-degree rape charge for an alleged assault on a 14-year-old girl two years ago.
Hampton Boozer, 60, has been charged twice with the alleged offense. Prosecutors dropped the first charge during his trial after they found Boozer had been charged under an incorrect section of the law, and a Prince George's Circuit Court judge later dismissed the second charge saying Boozer could not be tried twice for the same offense.
But in an opinion filed today, the Maryland Court of Appeals ruled that Boozer was not exposed to double jeopardy because the two charges involved separate sections of the state's sexual offense law and different types of sexual offenses.
Michael Kuhn, the assistant state's attorney in Prince George's County who attempted to try Boozer in 1984, said Boozer allegedly invited the daughter of a tenant into his bedroom to watch television. Kuhn alleged that Boozer fondled her and tried to have sex with her.
Soon after Boozer's trial began in March 1984, the judge noted that Kuhn was prosecuting Boozer under a section of law referring to assault with an inanimate object. Kuhn dropped the charges and prosecuted under a different section. But in May 1984, another judge dismissed the case.
Boozer's lawyer, Richard Walsh, said his client was recovering from heart surgery when the alleged attack occurred, and was physically unable to carry out the attack.
Walsh said the allegations against Boozer were concocted by the girl's mother.
The schools placed Boozer on leave without pay after he was charged, Walsh said, and Boozer took early retirement.