A Fresno State Investigator Tatevos Manucharyan testified Malcolm gave his personal cell phone number to all his students. But two other females claimed the defendant sent them shocking text messages. Manucharyan said, "At first most of it was personal issues, none of it was school related subjects ... she felt she felt that she became more friends with Mr. Malcolm. The content of the text messages then turned to sexual content."
Malcolm's Defense Attorney Roger Nuttall told the judge his client's behavior was immoral and unprofessional, but Nuttall points out Jane Doe was almost 18-years-old. Judge Houry Sanderson found enough evidence to send Malcolm to trial on all 13 counts.
If convicted Malcolm faces up to 12-years in prison. The former teacher returns to court on January 19, 2010.