California Injury Lawyer Blog

LOS ANGELES - Mark Berndt, 61, a veteran elementary school teacher at Miramonte Elementary School in Los Angeles County was arrested yesterday at his Torrance home, the LA Times reported, on suspicion of committing horrific acts of abuse against his students, including spoon feeding his semen to them.

The arrest came after police a year-long investigation determined he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010.

According to the news report, a CVS drugstore film processer turned over about 40 photos to police showing blindfolded children with their mouths covered with packing tape and large, Madagascar-type cockroaches on their faces. Some of the photos reportedly showed Miramonte with his arm around children or with his hand covering their mouth. Other photos showed what authorities believed to be semen being served to children in a spoon or on a cookie.

The LA Times reported that Berndt regularly told students they would be playing a "tasting game," in which he blindfolded them and sometimes, gagged them with packing tape.

In January 2011, a plastic spoon and container found discarded in Berndt's classroom tested positive for semen. Authorities are recommending the children be tested for sexually transmitted diseases.

If news accounts are accurate, it is shocking how Berndt abused his authority as a teacher to take advantage of these young, innocent students. Many of the children at Miramonte Elementary School are learning to speak English, and may have been unable to communicate what occurred. Miramonte is one of the last campuses in the Los Angeles County school district to operate rear around because of overcrowding. The school has struggled academically for years.

Authorities said that additional charges against Berndt are likely, since he taught at the school since 1979. Parents, understandably, are appalled and shocked, and many are rightly questioning why this went on for so many years. United Teachers Los Angeles, the local teachers union described the charges as "so abhorrent as to be incomprehensible."

Disturbing incidents like this one at Miramonte Elementary School are tragically increasingly reported. While the investigation is ongoing, the parents of the Berndt's students would be well-advised to speak with an experienced and knowledgeable Miramonte Elementary School molestation lawyer. The attorneys at Estey Bomberger have many years of experience representing victims of horrific abuse, and may be able to help the families hold not just the perpetrator, but the school, school district, and other entities or organizations accountable, if it is determined that their negligent supervision contributed to the horrific acts Berndt is accused of.

Berndt is being held in lieu of $2.3 million bail.

Continue reading "Former Miramonte Elementary Teacher Charged With Lewd Acts Against Students" »

DELAWARE - Reuters reported today that 14 victims of sexual assault reached a $7 million settlement with three Catholic Church institutions, according to two of the victims. The article stated that nine of the plaintiffs in the settlement were alleged victims of former Capuchin Friar Pal Daleo, and five others were allegedly harmed by John Fleming, former St. Edmonds Academy lay teacher and wrestling coach.

Two of the fourteen victims, Matthias Conaty and Jeff Rose, who announced the settlement, were abused in the late 1970's and early 1980's. Earlier this year, the Diocese of Wilmington paid a $77.4 million settlement to 146 alleged victims, forcing the diocese to declare bankruptcy.

The Child Victim's Act of 2007 eliminated the civil statute of limitations on clergy sexual abuse in Delaware and allowed a two-year window for victims to file civil suits. A similar law is being considered in Pennsylvania, where the Penn State scandal is currently under close scrutiny.

Continue reading "$7 Million Settlement Reached in Delaware Sexual Abuse Case " »

According to Los Angeles Times, former assistant Penn State football coach, Jerry Sandusky, is being charged on the suspicion of assaulting at least eight boys. In addition, former athletic director Timothy Curley and former Vice President of Business and Finance Gary Schultz resigned from the university Sunday night. Both Curley and Schultz were arraigned Monday on perjury charges for asserting that they were not aware of the alleged sex abuse.

In People Magazine, mothers of alleged Penn State sex abuse victims spoke out regarding the sexual abuse incident on their children. One of the victim's mother indicated that Sandusky touched her son during a shower together at Penn State, but no charges were brought after her son reported the alleged incident. Another mother of a victim in this incident stated the abuse on her son lasted for four years. The other victims in this tragic incident did not provide any immediate statement or further information.

Child Molestation and Sexual Abuse Liability

Child molestation and sexual abuse on any individual involved can be traumatic and life-changing. When victims who are forced into unwanted sexual acts from a person who is under employment of a supervising entity, that entity can be held financially responsible for that person's criminal actions. Therefore, while the investigation of this incident is ongoing, victims or family members of the victims would be well-advised to contact a skilled Pennsylvania child sex assault lawyer.

Knowledgeable and experienced attorneys at the law firm of Estey Bomberger, especially understanding and compassionate attorney, Mike Bomberger who is licensed to practice in the state of Pennsylvania, can help a family protect their legal rights in a civil lawsuit, and decide the best course of action to recover the maximum compensation for emotional and physical injury, future medical needs, and other damages relating to this devastating incident. If you or a loved one has fallen victim to this tragic incident, call us immediately for a free confidential consultation at 1-800-724-3817.

Continue reading "Former Penn State Football Coach Accused of Sexually Assaulting Eight Young Boys" »

TEMECULA - Alex Flores, 40, a former softball coach for the Temecula Valley Girls Softball Association, has pleaded guilty to molesting three teenaged girls. According to a report in the Temecula Patch, Flores gave wine to one of the softball players he coached during an overnight stay for a softball game in Coachella. When the 13-year-old victim fell asleep, Flores woke her by rubbing her back and buttocks. In another incident, Floes offered to cancel practice if a player sent him a nude photo of herself. She did, and he cancelled practice. Other incidents involved groping over the victims' clothes.

This case raises the question as to whether the perpetrator's employer, the Temecula Valley Girls Softball Association, failed to supervise Flores. Had Flores ever been accused of misconduct before? Did his employer have policies in place to supervise coaches and their interactions with the young players? Did the softball association turn a blind eye to Flores' actions?

Estey Bomberger child molestation victim lawyers are nationally known for holding negligent supervising organizations responsible for sexual crimes against children. Last year we obtained the largest single plaintiff verdict in California history for a child molestation victim - a $30 million verdict against a foster agency in Santa Clara County. If your child has been the victim of child molestation, contact the Temecula personal injury attorneys at Estey Bomberger for a free consultation and review of your potential case.

Continue reading "Temecula Softball Coach Pleads Guilty to Child Molestation " »

CITRUS HEIGHTS - The Sacramento Bee reported this morning that Citrus Heights Police are investigating allegations that Robert B. Adams, principal at a private school in Citrus Heights, has molested 10 children - possibly more - since 1997. Adams, 60, has not been charged. However, claims by parents and former students, and at least one employee prompted authorities to shut down the Creative Frontiers School and begin an investigation.

The Bee interviewed Imra Mertens, a receptionist at the school, who claims she witnessed Adams abusing a young girl last summer. Mertens claims she reported the incident she witnessed to school administrator Cythia Higgins the next day in detail, and assumed Higgins would report to authorities, as state law requires.

Mertens heard of another instance of molestation in May, when she decided to contact authorities herself. The Social Services agency received the complaint May 31 and notified Citrus Heights Police the same day. The Department of Social Services filed a complaint against Adams, and Higgins, for failing to report the allegations of abuse.

The Bee article states that in addition to abuse allegations, many questions have been raised about aspects of Adams' background. In a bankruptcy filing in 1998, Adams stated he received a California teaching credential from California State University, Northridge, and attended UCLA and obtained a California administrative credential in early childhood education. Northridge officials stated Adams did not receive a credential from the school and UCLA officials told the Bee they have no record of Adams' attendance.

Adams' resume also stated he obtained a Masters Degree in 199 at Pacific Oaks Teachers College. Officials at Pacific Oaks stated Adams attended the school for one semester but did not receive a master's degree.

Protecting Child Molestation Victims' Rights

In August of last year, Estey Bomberger obtained a $30 million verdict for a victim of child molestation and negligent supervision in Santa Clara County. From experience, our attorneys understand the complex emotional pain and suffering that abusers inflict on victims and their families. We fight to protect victims' rights and to hold perpetrators accountable for horrific and unthinkable crimes against innocent children. If you are a parent and believe your child has been subjected to child molestation, contact our California child molestation victim lawyers for a free consultation. Our goal is to obtain justice for victims and ensure others will not be subjected to the same abuse.

Continue reading "Citrus Heights Police Investigating Principal Suspected of Child Molestation " »

A 25-year-old daycare worker at Trace Elementary School has been arrested on suspicion of inappropriately touching five girls during the school's after-school program, the San Jose Mercury News reported this week. Detectives are currently investigating whether there were more victims. The suspect, Keith Woodhouse, has been booked in the Santa Clara County Jail with no bail set. He was charged with 14 counts of lewd acts on a child younger than 14. Each count carries a maximum prison sentence of 15 years to life.

A letter was sent out to the parents of the approximately 60 students participating in the Child Development Center after-school program at Trace Elementary School. Woodhouse has worked at Trace Elementary school since August of 2010, and has worked with children in San Jose and Los Angeles since 1999. He has been a day care teacher, a camp counselor, as well as a Sunday school teacher.

Anyone with relevant information about this investigation is asked to contact Detective Eric Martin or Detective Sgt. Schriefer of the Child Exploitation Detail at 408-277-4102. Anyone who would like to remain anonymous can call the Crime Stoppers tip line at 408-947-STOP (7867), or visit http://svcrimestoppers.org.

Child Molestation Liability

According to the supervisor at the center, all employees undergo a criminal background check before working with children. Woodhouse reportedly passed the standard check. When inappropriate sexual acts occur at schools, churches, daycare facilities, or in other environments where the perpetrator is working in the course of employment, the supervising entity may be liable for negligent supervision. In such cases, the supervising facility may be financially responsible for the victims' emotional trauma, future medical needs, and pain and suffering. In a situation such as this one, while the investigation is ongoing, the parents of the victims would be well-advised to contact an experienced California child molestation victim attorney.

In 2010, Estey Bomberger obtained a $30 million verdict for a child molestation victim in Santa Clara County. Our molestation victim lawyers are closely monitoring the alleged sexual abuse acts at Trace Elementary school. If you believe your child was abused at Trace Elementary School and you would like more information about your rights and options, contact us for a confidential consulation.

Continue reading "San Jose Daycare Worker Charged With Molestation at Trace Elementary School" »

A 57-year-old Ontario Catholic priest has been arrested on charges of molesting a 12-year-old boy, the Inland Valley Daily Bulletin reported. The priest, the Rev. Jose Alejandro Castillo, a.k.a., Father Alex, was booked into the West Valley Detention Center in Rancho Cucamonga in lieu of $1 million bail. Prior to his arrest, Castillo worked as a priest at Our Lady of Guadalupe Church in Ontario.

Castillo denies the allegations - seven felony counts of lewd and lascivious acts with a child younger than 14 years old. Police say he could face as many as 22 years in prison. Police say Castillo had at least four other victims, including a 14-year-old boy and a 16-year-old boy. Police are still investigating and are concerned there may be more victims. Anyone with information about the case or may have been victimized by Castillo may call Detective Mark Guski, 909-395-2726.

Continue reading "Ontario Priest Arrested on Child Molestation Charges " »

A San Jose, CA jury late yesterday afternoon awarded a former foster care child $30 million in damages for sexual abuse the child endured due to the negligence of the private company that licensed the foster home in which the child was placed for four years. (See Mercury News)

The plaintiff, who for privacy issues is only identified as John Doe, was 11 years old when he was placed in the foster home of John Jackson in Santa Clara County, California. Doe was forced into more than 600 acts of sexual abuse by Jackson from December 1995 to March 1999 when Doe was removed from the home.

The defendant in the case, Giarretto Institute, was licensed by the State of California to supervise and monitor the Jackson home as a foster family agency. The jury found Giarretto 75 percent responsible for the injuries to Doe and Jackson 25 percent responsible. Giarretto is responsible for $22.5 million of the $30 million verdict.

Doe is now 25 years old and suffers from residual mental distress as a result of the abuse. Three other foster children who were also in the Jackson home and suffered similar abuse have lawsuits pending.

At trial, the plaintiff's attorney, Stephen Estey of Estey Bomberger presented extensive evidence showing that Giarretto did not properly train its employees, many of whom had other full time jobs and worked for the company on a part-time, off-hours basis. When allegations of sexual abuse were raised by the foster children, Giarretto did not have any investigators with sexual abuse experience, so the allegations were not properly investigated and were found by Giarretto's staff to be unsubstantiated.

The trial lasted two and one half weeks, and the verdict was returned in one day. The jury was comprised of seven woman and five men. The Honorable Peter Kirwan presided over the trial.

The verdict is the largest in California this year for a single person sex abuse case and is one of the largest verdicts in the state in 2010. It is believed to be the largest verdict in California history for a single person sex abuse case.

During the trial, the jury heard testimony that the company which initially licensed the Jackson home (Giarretto subsequently purchased that company) did not conduct a proper background check of Jackson. An elementary reference check of Jackson would have uncovered disturbing information about his past that would have disqualified him from being a foster parent, such as a history of inappropriate sexual conduct including sex with a minor, a history of drug and alcohol abuse, threats toward others with firearms, physical abuse toward his pregnant wife and suicide attempts resulting in psychiatric hospitalization.

Jackson has been convicted of his abuse against Doe and the other victims and is currently serving a 200+ year sentence.

Continue reading "Jury Awards Record $30 Million Verdict in San Jose Molestation Case " »