A new trial has been granted for a former Montgomery County Public Schools (MCPS) elementary school teacher previously convicted of sexually abusing several students.
In 2017, John Vigna, of Silver Spring was found guilty on nine counts involving four victims. Vigna was serving 48 years in prison, but on July 12 was released ahead of a new trial.
Vigna’s conviction was tossed out by Montgomery County Circuit Court Judge David Lease earlier this month after new attorneys for Vigna argued during his first trial, he had “ineffective assistance of counsel.” This was reached after a series of trials from November to March.
Vigna was a 5th and 6th grade teacher at Cloverly Elementary School for 20 years. A 2016 class on “body safety” triggered the investigation that led to his arrest and conviction. the class teaches students how to identify sexual abuse and teachers noted the physical reaction of one student. The investigation led police to ask any potential victims to come forward and five victims named in the 15-count indictment identifying Vigna.
“The conviction was upheld during the appeals process and the State argued against this latest challenge,” wrote Montgomery County State’s Attorney John McCarthy in a statement. ‘The defendant was released over our objection. We are disappointed by the ruling of the court, but respect the judge’s decision. The matter has been referred back for retrial. As the case is now pending, we will reserve further comment at this time.”
Vigna is not on house arrest, but must stay away from certain places where minors might congregate.
These are the conditions:
- Live at his verified address (the home he shares with his wife).
- Supervision by the Pre-Trial Services Unit (PTSU), meaning that he has to check in with them in person regularly.
- No unsupervised contact with minors.
- No contact and stay away from all State’s witnesses, including the victims and their families.
- Surrender passport.
- Stay away from Cloverly Elementary School.
- GPS monitoring to enforce stay-away restrictions. (This means that he will be wearing an ankle monitor and PTSU will receive notifications if he enters the area of Cloverly Elementary or goes near the victims’ homes.)
The State’s Attorney’s office also provided more context on the situation. Vigna was released pending his new trial on a $100,000 bond. Vigna will be back in court on Aug. 1.
MCM also reached out to MCPS for comment, but has not heard back yet.
