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          Detective Rod Pena of the Henderson Police Department, Clark County Assistant District Attorney Tom Carroll, District Court Judges Donald Mosley and Jackie Glass along with the Nevada Supreme Court have ignored and/or violated U.S. Constitutional law, state laws, state and federal rules of criminal procedures,  my right to due process, and a fair trial.

         If this sounds too incredible to be true, just search the internet for Tonya Craft (a kindergarten teacher recently acquitted of 22 child molestation charges) and Hays vs. Farwell for examples of judges, D.A.s, and police violating laws and the rights of the defendants. This is what happened in my case. Read the information on this website and/or order copies of my transcripts and motion hearings. It's all public record and I will refer to, quote from, and cite from specific laws and my trial transcripts to substantiate my claims. That's something local tv and newspaper media along with some websites did not do. They chose to print and report bias, unsubstantiated, and sometimes completely untrue information just to make headlines. Unlike the media, I substantiate my claims.

         This all began for me in late of 2005 when a 7th grade girl named Melissa Marcovecchio got caught by her father in their basement with friends doing who knows what. Her dad freaked out on her and grounded her because she is not allowed to have friends (especially boys) in the house when her parents aren't home. Two weeks after this incident occurred Melissa concocted a story about how her 5th grade teacher (me) had put his hand down her shirt nearly 1 ½ years earlier. She claims this occurred twice and in front of 35+ students while in class. Not ONE student in class saw this happen. Not ONE! Melissa told NO ONE about these alleged incidents. Not her parents, not her best friend, not her boyfriend, not her D.A.R.E. Officer, not the school nurse, NO ONE. No one for 1 ½ years. Not until she got into serious trouble with her parents. Even then she waited 2 weeks before telling them. Her claims against me now made her a victim to her parents and thus rid her of the punishments she had recently received for having friends in their basement when her parents weren't home.

         Since she now lives in Broomfield Colorado, the local police instructed Melissa and her parents to contact the Henderson Police Department. Detective Rod Pena led the investigation into these unbelievable accusations. He came to my school to question me. I didn't “lawyer up” or refuse to answer his questions. Instead, I cooperated and answered Detective Pena's questions for several hours. He did not arrest me and no one else had accused me of anything at this point.

         With no viable case, Detective Pena  proceeded to falsify information (click the search warrant tab) to obtain a search warrant for my house.

         After searching my house and confiscating my computer, DVDs, memory cards, every photo I own plus other items, he claimed to have found 10 short (less then 1 minute each) child pornography videos on my computer. Even though copies of these videos were sent to the FBI for analysis and the D.A. hired an expert to evaluate them, no one verified or testified that the people in these videos were under age. Quite the opposite. The D.A.'s expert testified that he could not verify the ages of the people in the videos. (click the Expert Witness Testimony tab)

         None of the allegations against me came about from me ever being alone with a student. It was my rule, not the school district's, that no student was allowed to be in my classroom alone with me.

         I was blasted in the media by the Henderson Police Department and D.A's office. To bolster their witch hunt, they reported over and over in the news that they believed there were “more victims” out there that need to come forward. I was eventually charged with 9 counts of lewdness with a minor from 6 girls and 12 counts of possession of child pornography. I was acquitted of 5 counts of lewdness with a minor (3 of the girls) and 6 counts of the child pornography.

         I am innocent of all the charges and will continue to fight to prove it with the support and help of my friends and family. 

Mark Zana