A Lake County judge said he will take 24 hours to decide whether a former Waukegan gym teacher had sex with a former student before her 18th birthday.
Testimony and closing arguments wrapped up Wednesday in the sexual assault trial of Brandon Brown, 31, of the 3000 block of Kathe Lane.
Prosecutors claim the former Waukegan High School teacher had sex with the victim at his home in the early morning hours of Sept. 24, 2010. If true, the victim would have been 17 years old at the time of the encounter.
However, defense attorney Alan Jones argues evidence shows the victim was sending text messages during the time when prosecutors allege she was supposed to be having sex with Brown.
"I don't believe she was laying down with the defendant and texting at the same time," Jones said.
Officials from Waukegan Unit District 60 notified police in 2012 of the possible sexual relationship. Brown, who worked at the district's Brookside Campus, admitted to the sexual relationship in a voluntary statement to police.
Brown testified in court Wednesday and admitted to having sex with the student. However, he testified the encounter did not take place until after the victim had turned 18.
Brown, who worked for District 60 for eight years, was initially suspended from teaching pending the outcome of the case. District officials said they could not comment on the particulars of Brown's employment, except to say he was no longer with the district as of October 2013.
Brown has been free from jail after posting the required 10 percent of his $50,000 bail. If found guilty, he faces between 4 and 15 years in prison.