5 of 15 charges dismissed against ex-Boulder City football coach

A Clark County justice dismissed five of fifteen counts against former Boulder City High School football coach Frank Mariani on Wednesday, ruling that prosecutors failed to present exculpatory evidence to the grand jury that could have explained away the allegations. District Judge Tina Taliman’s order removed three charges of lewdness with a child under 16 and two counts of open or gross lewdness in the presence of a child or vulnerable person, all without prejudice, meaning they may be refiled. The judge emphasized that her ruling does not determine guilt or innocence or assess witness credibility, but addresses the legal validity of the counts and the procedures used to obtain them. “The questions presently before the Court concern the legal validity of particular counts and the procedures by which those counts were obtained,” Taliman wrote. The dismissed counts stemmed from allegations involving Desert Pines High School students in 2016 and from incidents alleged to have occurred in a Fallon locker room during a game against Churchill County High School. Taliman found prosecutors did not supply the grand jury with evidence that could have cleared Mariani of the three lewdness counts, a omission she said violated Nevada law requiring prosecutors to present material that could explain away a complaint. She also determined prosecutors lacked sufficient grounds to pursue the two open‑or‑gross lewdness counts in Clark County, noting they had not shown Mariani could commit the alleged Churchill County offenses without being the football coach there. Prosecutors said they would return to the grand jury with additional evidence. Deputy District Attorney Michael Allmon stated, “Our position was that the charges should stand, but we’re going to go back to the grand jury and present more evidence, and we’re going to present more evidence consistent with the ruling that will alleviate some of the issues.” He added that he was confident grand jurors would re‑indict Mariani a second time. Defense attorneys James Oronoz and Tom Ericsson objected to the omission of the evidence Taliman cited. Oronoz wrote in an email, “My position is that our pleadings clearly state what we believe were the legal deficiencies in the Grand Jury presentation in this case.” Taliman’s order detailed the December 9, 2016, statement Mariani gave to investigators, in which he acknowledged physical contact with students but offered non‑sexual explanations, such as jokingly tapping students on the buttocks with a water vessel and saying “I love you” in a sarcastic or playful tone. She noted Mariani described himself as “physically affectionate or ‘touchy‑feely’ with students” and acknowledged hugging them, but stressed she was not making a credibility determination about those explanations. Allmon countered, “That’s not behavior that any teacher should be doing, and it doesn’t really explain away the complaint that the suspect was committing lewd acts upon children under 16.” The judge also pointed out that one alleged victim added details to her 2026 grand jury testimony—such as Mariani rubbing his hips or penis against her buttocks—that were not present in her 2016 account, yet the grand jury was not advised that the victim’s contemporaneous description of the same incident did not depict that conduct. Allmon maintained that such inconsistencies do not negate the charge, observing that victims often disclose more information as they feel safer and more confident that action will be taken. Mariani was indicted in April on multiple counts including lewdness with a child under 16, child abuse, neglect or endangerment, and open or gross lewdness in the presence of a child or vulnerable person. Grand jurors, as citizens empowered to issue indictments, heard the allegations before returning the charges. State records show Mariani taught at Desert Pines High School from 2011 to 2023 before moving to Boulder City High School. Boulder City police have accused him of misconduct that included slapping players’ buttocks, directing a subordinate to create an AI‑generated video of two different players kissing, discussing fantasies of sexual contact with minors, and reaching for a player’s genitals, according to an arrest report. When asked about his employment status, a Clark County School District spokesperson said an individual matching Mariani’s name was terminated in May. The dismissed counts may be revisited as prosecutors prepare to submit further evidence to the grand jury.