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Trial underway for former Arp school counselor accused of having sexual relationship with students

Barbara Orpineda (Smith County Jail)

The alleged victims in the sexual assault trial of a former Arp elementary school counselor testified Tuesday that their former teacher treated them differently than the other students when the two boys were students in her junior high math class.

They said Barbara Lynn Orpineda, 32, was a lenient teacher who let them sit by her desk and allowed them to play games on her cellphone during class. The boys, who were 12 and 13 at the time, said they even touched Orpineda's leg underneath her desk.

They both testified they shared a seat with Orpineda, who they called "Miss O," while they were on a bus traveling to a school field trip.

They both told the court Orpineda showed them a picture on her cellphone of herself wearing only a bra and underwear and told them how they could hide photos on their phones.

Orpineda was arrested Oct. 25, 2017, and charged with two counts of having an inappropriate relationship with a student and two counts of sexual assault against a child.

A Smith County grand jury handed up the indictments on the second-degree felony charges on May 17.

The boys said they didn't have contact with Orpineda after the seventh grade, but became friends with her on social media their freshman year when they worked for her husband officiating games in a sports league that he managed.

One of the boys, now 18, said Orpineda hired him when he was 16 to privately coach her son in a sport.

He said he went to the Orpinedas' home and she gave him a tour of the new property she and her husband had bought. The boy testified Orpineda took him to a deer stand on the property in an ATV and kissed him.

He also said he had a sexual encounter with Orpineda at a sports field while her children were waiting for her in the car.

He went on to testify that on another occasion he met Orpineda at a Tyler gas station, where he said she wanted him to go with her to a secluded place. The boy testified Orpineda led him to a site where the two had another sexual encounter.

The other alleged victim, now 17, said he also became friends on social media with Orpineda during his freshman year of high school. He said the two would chat on social media late at night and he would go to Orpineda's house because her husband was the coach of one of his sports teams.

He said when he was 15, she drove him out on a county road behind the school and they had a sexual encounter.

Both boys said they didn't tell their parents about the incidents because they were embarrassed to talk about them. However, the two told each other about their experiences.

Another witness testified she learned Orpineda was engaged in an extramarital affair with her husband when she saw suspicious text messages from Orpineda on her husband's cellphone.

The woman testified she was friends with the Orpinedas and saw one of the boys at the Orpinedas' house. She went on to say Orpineda made a sexual innuendo to her about the boy who the Orpinedas hired to coach their son in a sport.

The woman said she reported the affair with her husband to school officials because she wanted Orpineda to stay away from her children who were students at the elementary school where Orpineda worked as a school counselor.

The woman said she also sent a message to the mother of one of the boys when she became suspicious about the boy's relationship with Orpineda.

The mother of one of the alleged victims testified she heard a rumor about Orpineda being engaged in an inappropriate relationship with her son and checked her son out of school to talk to him about the rumors.

She testified her son's demeanor changed when she asked him about it and she knew at that moment the rumors were true.

The boy's mom said she also learned about the other victim and notified his father. She said the two of them made an appointment to talk to the school principal and superintendent.

Former Arp ISD Superintendent Dwight Thomas testified that he hired Orpineda as a junior high math teacher and later as a school counselor in 2016.

Thomas said he learned about the allegations against Orpineda on Oct. 11, 2017. He said he put her on paid leave to investigate. He testified he called authorities and told Orpineda to come in on Oct. 12 so they could talk about the allegations.

Thomas testified Orpineda told him she would resign. He said she also said she couldn't be at school on Oct. 12 because her child's baby sitter was ill.

Thomas said he told Orpineda if she couldn't come to school he would go to her house with the principal and meet with her there. He said he got a call on his way to Orpineda's telling him she had checked herself into a mental health hospital in Tyler and wouldn't be home.

Thomas said he called and wrote letters to Child Protective Services and the Texas Education Agency and went to the Arp Police Department to tell them about the allegations of sexual abuse.

A jury of seven women and five men was selected Monday to decide the case.

Orpineda pleaded not guilty to the charges.

She posted bond the day after she was arrested and remains free on bond.

Judge Christi Kennedy of the 114th District Court recessed court about 3:30 p.m. Tuesday. Court is scheduled to reconvene at 8:30 a.m. Wednesday.

The Tyler Morning Telegraph is not naming the boys or the mother of one of the boys to avoid identifying the alleged victims of sexual assault.

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