Case against Davenport teacher dismissed: Court documents

UPDATE: The case against a 35-year-old Davenport teacher accused of inappropriately touching a teenager was dismissed Thursday in Scott County Court, according to court documents.

Julian Lira faced a serious misdemeanor charge of lascivious conduct with a minor while both were guests at a wedding reception on October 7, 2023, Scott County Court records say.

In addition to the state having to prove the inappropriate touching, “it would also be required to prove the defendant was in a ‘position of authority’ over the victim at the time of the act,” documents show.

Although Lira was the victim’s teacher “briefly in both third and sixth grade (that) is … insufficient to meet the definition of ‘position of authority,’ particularly considering the circumstances of the incident in question; the encounter from which the contact arose took place in public and was initiated, at least at the outset, by the victim,” court documents say.

“After consulting with the County Attorney, the State has concluded there is no other appropriate offense that fits these circumstances,” according to court documents. “As a result, the State has no option other than dismissal.”

EARLIER: A 35-year-old Davenport teacher who faces a serious misdemeanor charge of lascivious conduct with a minor has asked for a clarification so he can prepare a defense, court records show.

Julian Lira, by his attorney, submitted the motion in Scott County Court, according to court documents filed electronically on Friday.

In the motion, Lira claims the trial information and minutes of testimony do not describe how he had any “position of authority” over the alleged victim at the time of the alleged conduct.

“The only possible reference to the Defendant occupying any position of authority is that he was previously the alleged victim’s teacher in third grade and for two weeks in sixth grade,” the motion says. “The alleged victim is now in ninth grade and attends a different school than the Defendant is employed at.”

Court documents continue: “The Defendant has no association with or educational or supervisory authority over the alleged victim at this time. The alleged incident did not take place on school grounds or at a school event. Both the Defendant and the alleged victim were coincidentally guests at a wedding reception at a public park,” court documents say.

Lira had no authority over the premise or persons in attendance at the reception, other than his own child, court documents say, adding Lira “had no more authority over the alleged victim than did anyone else at the wedding.”

Lira, documents say, “is unable to prepare a defense because he does not know the alleged factual basis for his being in a position of authority to be charged with this crime.”

The motion asks the court to direct the Scott County Attorney to provide a “bill of particulars” and asks that if the state fails to provide a sufficient bill of particulars, the charge will be dismissed.

A bill of particulars is a written itemization of claims in a lawsuit that the defendant may demand of a plaintiff to clarify details of the claims.

Lira has pleaded not guilty and demands a speedy trial, according to court records. A hearing for the motion is set for Feb. 22 in Scott County Court.

In October 2023

Police allege in affidavits that about 8 p.m. on Saturday, Oct. 7, an incident occurred at Credit Island Lodge, 2301 W. River Drive, “involving indecent contact with a child.”

Lira allegedly touched a child inappropriately while the two were speaking, according to a report from the child, police allege in affidavits.

On the Davenport Community Schools website, Lira was listed as a sixth-grade teacher at Jackson Elementary School.

“Davenport Community School District is aware of a situation regarding a district employee which has involved the Davenport Police Department,” according to a statement from the school district. “The employee was placed on leave immediately upon notification of the investigation.”

“Davenport Community School District is aware of a situation regarding a district employee which has involved the Davenport Police Department,” according to a statement from the school district. “The employee was placed on leave immediately upon notification of the investigation.”

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