MARTINEZ, Calif. — In a packed courtroom here on Tuesday, tenured Diablo Valley College professor and coach Kyle Lee Whitmore entered a not guilty plea on nine felony charges including allegations of human trafficking and sexual assault in a case that has shocked the East Bay community college and drawn nationwide attention.
The solemn faces of Whitmore’s family members and dozens of his supporters filled the Contra Costa courtroom on Sept. 19 as Whitmore’s defense attorney, Darryl Stallworth, told the judge his client pleaded not guilty to all nine charges.
Speaking after the proceeding, Stallworth, a long-serving Bay Area attorney, cast doubt on the legitimate claims of Whitmore’s two female accusers, one of whom is a student at DVC, and reinforced the reputation of his client who became a prominent figure at the school.
“[Whitmore] is everything that the school wanted him to be, but he’s also a man who’s got a private life,” Stallworth told The Inquirer.
According to Whitmore’s defense, the case hinged around the way a man privately, and legally, conducted his life.
“This is a case about adults engaging in a private lifestyle — a lifestyle that was consensual, a lifestyle that’s unfamiliar to most people and uncommon to most people, but not unlawful.”
According to the district attorney’s office, Whitmore faces charges including two counts of human trafficking, two counts of pandering, one count of pimping, and four counts of forcible sexual penetration by a foreign object.
Whitmore, who was placed on administrative leave at the college following his arrest on Sept. 7, was initially scheduled to be arraigned Sept. 12, but his attorney requested that the date be pushed back in order to give the defense more time to prepare.
At the Sept. 19 arraignment, Judge Patricia M. Scanlon ordered Whitmore to remain in custody at the Contra Costa County jail in Martinez until his bail hearing on Oct. 9.
Judge Scanlon ruled Whitmore and his attorney would have two months to prepare their case, and set the preliminary hearing for Nov. 20.
Timothy Leong, director of communications and community relations for the Contra Costa Community College District, said on Wednesday that the district did “not have an additional statement following yesterday’s arraignment.”
DVC President Susan Lamb also reiterated, in a letter sent Tuesday to the school’s staff and faculty, that “it is important to respect the nature of due process and the investigation.”
“We need to be patient and allow processes to move forward without making assumptions or contributing to speculation,” Lamb wrote.
Outside the courthouse, Stallworth discussed Whitmore’s character and called on the public to withhold judgment until the trial could prove his client’s innocence.
“He is a good coach, a good instructor, he’s got family and friends that extend across the Bay Area,” Stallworth said. “What everybody needs to do is to be patient, let the court system manage the case, and not jump to conclusions or public opinion.”
He added, “When we get to our preliminary hearing, you’ll be able to see whether or not the accusers are credible or trustworthy.”
Anon • Sep 28, 2023 at 8:08 pm
The way this piece is written and the way so many are rallying behind this man saying the good he did in the school means that he can’t be a bad person makes me so upset. I agree with many of the other commenters, this is reeks of victim blaming. He is a teacher, his (alleged don’t sue me) victim was a student, this is not a power dynamic that can create actual genuine consent. I’ve met this man, one of my closest friends was in a consensual relationship with him (my friend being nearly 20 years younger of course) and he was a creep who told me and another friend of ours that we could make a lot of money if we went into prostitution, but no surely because he’s a good coach he’s innocent and the victim is a liar.
Anonymous • Oct 1, 2023 at 1:47 pm
You and your friends should speak with a lawyer. A lawyer will be discrete and have your best interest. The things you describe could be grounds for both criminal and civil suits.
JR • Nov 21, 2023 at 7:50 am
I was overjoyed to see the quality of discourse in the comments. In general, there was respect for different viewpoints and a community mentality. It gives me a renewed sense of optimism that as this generation enters the working world, they will be positioned to tackle the problems of our day.
Anonymous • Sep 21, 2023 at 4:12 pm
The first article ended on a quote about how people don’t achieve high positions by doing bad things, which we all know from the metoo movement just isn’t true.
The second article ended on the victim’s credibility. The victim’s credibility is not what is on trial.
The way this is being covered does not reflect well on the author, Mr. Leong or the school.
Jane • Sep 22, 2023 at 7:54 pm
The me too movement was based around Hollywood actress and men who were in positions of influence not authority, there is a difference.
Why shouldn’t a victim have to be credible, especially if their word is the only evidence people are using to base their opinion of this situation currently?
Anonymous • Sep 23, 2023 at 11:43 am
The person on trial is the coach, and whether or not he did it. But it’s going to turn into the victim’s reputation and credibility. Their lives and any indiscretion is going to be drug through the mug. They will be labeled crazy. It’s defamation, and it serves as a distraction.
Jane • Sep 25, 2023 at 1:00 am
So you think someone should be able to walk into a police station say crazy things about someone, with no evidence it occurred and the police should go arrest the individual. Then make a press release regarding the charges against him, and the person who is making the accusations shouldn’t have their reputation, credibility or possible criminal history investigated? What if they have no other evidence other than what they claim? You are basically saying they should just be believed just because they said it happened…..
Anonymous • Sep 25, 2023 at 10:58 am
Crimes have to be investigated on their own merit despite either parties reputation.
A person’s reputation doesn’t necessarily hold merit on whether or not a crime occurred.
Do you think it would be fair to prosecute someone for a crime they didn’t do because they committed one in the past?
Do you think because the coach’s lawyer says he had an “alternative lifestyle” that that lifestyle necessarily makes him guilty?
Do you think it would be okay to rape someone because they were a prostitute?
What it’s going to come down to is evidence and whether or not they can prove it, which often puts victims at a disadvantage because they can’t.
But the fact that the DA is prosecuting is a good indicator that they feel they have a strong enough case to prosecute.
Until then, the school paper should be remaining neutral.
Melinda • Sep 20, 2023 at 9:22 pm
Ending the article on the victims’ credibility is distasteful and it appears the author is biased.
jane • Sep 25, 2023 at 12:08 am
All he said was people will get to see for themselves if they think they are credible. You think that is an attack?
Melinda • Sep 25, 2023 at 12:21 pm
Actually this is how he ended the first article. “You don’t reach that, or achieve that kind of recognition, if you’ve been doing bad things,” Leong said.
2nd article ended “He added, When we get to our preliminary hearing, you’ll be able to see whether or not the accusers are credible or trustworthy.”
Ending the articles with these quotes is an attempt to sway readers and shows the author’s bias.
Anonymous • Sep 30, 2023 at 6:25 pm
How do u know they are even victims? What facts do u have to prove what they said is true?
Rochelle Burnaford • Sep 20, 2023 at 2:18 pm
Define “lawful” when the power structure between teacher and student means that free consent is not possible.
Denis • Sep 20, 2023 at 5:18 pm
If your over 18 your an adult and consent is possible. The courts love to convict people in the court of public opinion. I don’t know this man but he is innocent until proven guilty by a jury of his peers.
K Landon • Sep 20, 2023 at 10:05 pm
I don’t agree that it’s not possible to have consent simply because someone is in a position of authority–especially if both parties are consenting adults. I will remain objective until more facts are known. Our legal system only works properly if we insist it remains impartial throughout. That includes those of us on the outside (and on either side of the issue) being willing to put aside assumptions. These are people’s lives and we can’t be flippant about that.
OM • Sep 21, 2023 at 12:02 am
Thanks Rochelle for this comment ?
Jane • Sep 22, 2023 at 7:22 pm
Just because she is a student of the school doesn’t mean she was a student of his. Even the schools own policy doesn’t bar professors from relationships with students who attend the school.
Brianna • Sep 20, 2023 at 2:14 pm
This article and the last reeks of victim blaming. I am disappointed in the writers, editors, as well as Mr. Leong. Disgusting comments such as, “You don’t reach that, or achieve that kind of recognition, if you’ve been doing bad things.” Couldn’t be further from the truth. Monsters pretend to be every day people and this is not even specifically commenting on Whitmore. It can be anyone regardless of their social status. It’s so insensitive to refer to the victims as “uncredible or untrustworthy” ACCUSERS. This is why so many survivors stay silent. The student body of DVC sees where you people stand.
Anonymous • Sep 21, 2023 at 10:35 pm
No my friend, we see where you stand. Try not to be too passionate when you haven’t even seen a trial. We live in the United States where it’s innocent until proven guilty. This one case doesn’t define every single circumstance where someone was sexually abused, because quite honestly we haven’t seen a case so we can’t say it happened. Unless you’re like a lawyer or something involved in the case and you know more than we all do. You’re obviously very focused on feelings, I would take a step back. You know how many people get falsely accused and their lives are ruined? Even if it comes out innocent his life is ruined. We could say a million what ifs and assume all day. Consider that these are all real humans going through life. I just hope for a fair trial.
Anonymous • Sep 22, 2023 at 3:42 pm
Yes, due process.
But is the way this is being covered in the school paper helping or hindering that process.?
Look at the way the last two articles have ended. The authors and editors can’t innocently say they are just taking quotes when they choose to end on those notes. They are telling us what to think and who to question.
Brianna’s assessment appears pretty sound to me. I’m sure it is upsetting to many readers seeing this happening.
Jane • Sep 22, 2023 at 7:25 pm
I don’t think I could have said it better myself!!!
Brianna • Sep 22, 2023 at 9:13 pm
I understand what you are saying, and I am very passionate over this but for good reason. I am upset on the blatant bias in these articles. Sure, people are legally considered innocent before proven guilty as they will face no charges. Despite how important this ideal is, it can be harmful to victims of assault. These articles could remain neutral and simply report the facts of this case, but instead they are fully painting Mr. Whitmore in a positive light talking about his achievements and his family. These details are irrelevant to the case as we are not in the trial. Why would these articles need to try and convince the public of his innocence if it is so obvious? Furthermore, there is a very negative portrayal of the student(s) who have come forward about this. Referring to the student(s) the way these articles have is harmful to victims in general, because victims see how they will be portrayed if they speak up. It is already very difficult to go through the legal process after an assault for so many reasons. To add on the worry that you will not be believed and will be ridiculed is even worse. To worry about reading about your abuser and how successful they are or how beloved they are is so dehumanizing. These articles that DVC has written are harmful and will dissuade victims from speaking up. False accusations make up a significant minority of reports. You talk of how Mr. Whitmore is suffering, but he hasn’t even lost his job yet. His life is far from ruined even if the trial decides he is innocent. I am not forming any personal opinions about Whitmore, because I do not know him. As I said before, I am speaking generally. It requires a lot more “what ifs” to believe someone is being falsely accused than if they actually committed the crime. Someone can simply prove they were somewhere else during the crime. Do you honestly believe people would upend their life and someone else’s life and go through the legal headache of charging someone for no reason? Perhaps only a handful of people have ever done this in all of history. On the other hand, if the victims are telling the truth, and Mr. Whitmore is still found innocent from lack of evidence, then their lives are ruined since they will be seen as liars and attention seekers. Simultaneously, they will live with trauma and humiliation for the rest of their lives.
You can read this article to learn more and see some statistics on false reports and how these numbers are misinterpreted. I cannot paste links so please google “Brown University myths about sexual assault reports.” It is the first result.
You can also read this article to understand what I mean when I say there is an issue with “innocent until proven guilty” regarding assault cases. I cannot paste links so please google “Trauma Institute & Child Trauma Institute The Problem With Innocent Until Proven Guilty.” It is the first result.
Melinda • Sep 23, 2023 at 11:58 am
Thank you Brianna for so articulately explaining what is so blatantly obvious.
Anonymous • Sep 23, 2023 at 3:21 pm
Brianna is right. What the paper is doing is obvious and transparent.
Jane • Sep 25, 2023 at 12:05 am
Actually, your comments are the exact reason why it is fair that someone gets to speak for the accused, when this case so far is literally a he said she said. You yourself refer to him as “their abuser”. They at least get the benefit of anonymity, so nothing is actually being said about them, other than stating people will be able to see whether you think the accusers are trustworthy and credible…… Oh the horror how will they ever live with trauma of such a statement. Given that no evidence has been presented as of yet, but they get to make such horrible claims, why shouldn’t people be able to speak their truth of positive comments they have with him?
Anonymous • Sep 25, 2023 at 11:21 am
As this develops be mindful of how you are looking at things Jane. His defense will have to come up with some motive why she would make this up. It’s closed, but be careful how you interpret what you hear. If you are looking for ways to discredit her, there will be people giving you ways.
Brianna • Sep 27, 2023 at 5:14 pm
You need to reread my comment since you didn’t understand anything I said. I never referred to Whitmore as an abuser. I was speaking generally.
Melinda • Sep 22, 2023 at 2:40 pm
Agreed.