CALIFORNIA BRIEFING / ANAHEIM

A man who allegedly told a high school band teacher that he would report her to authorities for having sex with students unless she handed over cash and nude photos of herself is now facing charges of extortion.

The band teacher, Carlie Attebury of El Modena High School in Orange, reported the alleged blackmail effort, but was arrested herself on suspicion of having sex with a minor.

Orange County Deputy Dist. Atty. Todd Spitzer said 23-year-old Miguel Lopez, the alleged blackmailer, had the opportunity to be a Good Samaritan by telling authorities about his suspicions but chose instead to break the law.

“We would have given him a big pat on the back,” said Spitzer, a former county supervisor and state assemblyman. “Instead, he crossed the line into criminal misconduct when he tried to benefit from the case.”

Lopez is charged with extortion and is free on $20,000 bail.

Lopez and Attebury, 29, were part of an after-school band group called the Vanguard Percussion Ensemble, made up of current and former high school students. Lopez found out about Attebury’s suspected affairs in early 2008 and sent her messages through online aliases, saying he knew of the affairs, and demanded $20,000, Spitzer said.

Lopez eventually agreed to accept $3,500 if Attebury would send nude photos of herself, Spitzer said.

The teacher ultimately sent dozens of photos of herself but then Lopez increased the demand to $4,500.

No money was ever exchanged, Spitzer said.

Attebury went to the Orange Police Department in June 2008 and police tracked Lopez down. Lopez was arrested later that month on extortion charges. Lopez told authorities of the teacher’s alleged sexual relations with students and she was arrested in October after a police investigation.

Lopez faces an April trial. Attebury’s preliminary hearing is in May.

-- My-Thuan Tran