Nov 21, 2014 8:29 PM
$139M deal reached in school sex abuse case
The Associated Press
LOS ANGELES (AP) The Los Angeles Unified School District will pay $139 million to end remaining litigation involving an elementary school teacher convicted of committing numerous lewd acts on his students, according to the settlement announced Friday.
The deal involving 81 students puts a legal end to the saga that began when Miramonte Elementary School teacher Mark Berndt was arrested in 2012 and accused of blindfolding students and feeding them his semen on spoons and cookies. Another 65 cases were settled earlier for $30 million. The combined total of nearly $170 million is believed to be the largest ever for a school sex abuse case, according to lawyers for the victims.
Plaintiff's lawyers had planned to present evidence at trial next month that the school district was aware of sexual misconduct by Berndt over three decades but failed to act until a photo processor at a pharmacy contacted police about pictures of blindfolded children being fed some substance.
The 19-year-old woman had only been on the job a month at CVS when she discovered the troubling photos and learned Berndt had been processing similar pictures there since 2005, said John Manly, one of the attorneys who filed the lawsuit.
"She was told not to call the police by her supervisors and she did it anyway," Manly said. "If she hadn't made that call, we wouldn't be here today and he'd still be teaching."
The case led to an overhaul of how the nation's second-largest school district handles allegations of sexual abuse. After Berndt's arrest, the district removed all 130 staff members from the school and placed them at an unopened empty school during the lengthy investigation.
"Our goal from the outset of these appalling revelations has been to spare the Miramonte community the anguish of a protracted trial, while at the same time being mindful of the financial consequences stemming from settlements," school district Superintendent Ramon C. Cortines said in a statement. "We believe we struck a balance between those objectives."
The investigation caused a huge upheaval at the school, where most of the students are from poor Hispanic homes. Parents had been hesitant to complain about Berndt because of a deep respect for teachers, and they were reluctant to cooperate with police because many feared deportation.
Lawyers for the students said it was the largest sex-abuse case settlement involving a school district. The Associated Press couldn't independently verify that claim.
"They were afraid of a blow-the-roof-off verdict to reach this kind of settlement," said Mary Jo McGrath, an education lawyer not involved in the case who trains school administrators around the country. "The hope of this is that it hurts really bad for the school district and wakes people up."
Berndt was sentenced to 25 years in prison after pleading no contest to 23 counts of lewd conduct. He was able to avoid being fired after his arrest and retired from teaching with his pension.
Lawyers in the current case said they rejected earlier settlement offers because they wanted to find out what had happened at the school.
They said they managed to uncover a dozen incidents involving Berndt between 1983 and 2009, even though the school district had purged thousands of child abuse reports and logs that had been maintained for decades.
The district said it only destroyed copies of law enforcement documents that it didn't think it should keep.
Among the findings:
Two teachers reported Berndt was exposing himself to students in the early 1980s.
Several girls had complained in the early 1990s that Berndt was masturbating in class, but the allegations were dismissed and the girls were accused of lying.
The Sheriff's Department investigated Berndt in 1994 but prosecutors declined to bring charges for lack of evidence.
In one instance, a principal had noted that a parent complained about Berndt dropping his shorts on a school field trip. In a note, Berndt thanked the principal for supporting him and wrote: "I did learn at least one thing for sure! Not to take students to the museum while wearing baggy shorts!"
No action was taken to remove Berndt, then a popular third-grade teacher, in any of those incidents.
A retired judge has been appointed to evaluate each claim made in the lawsuit and determine how much money each child gets based on the nature and duration of the abuse and its impact, which runs the gamut from kids doing well to being suicidal.
Attorney Brian Claypool said one of his clients, a little girl, told her therapist that she wasn't sure she wanted to live anymore.
"Her mom told the counselor that she envisioned herself walking to the edge of a pier and then jumping into the ocean," he said. "That's an example of the depth of grief these families have suffered."