Santa Ana Unified School District Blames Disabled Student for Her Molestation by School Worker, Demands She Pay Their Legal Bills!

By Gustavo Arellano Thu., Jun. 24 2010 at 8:25 AM

Categories: Notes from the Banana Republic

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Saddleback High

Remember the Alonso Manuel Gonzalez case? The teacher's aide at Saddleback High School in SanTana who molested a special-ed student in late 2008, a molestation that administrators tried to cover up? The pervert who pleaded guilty to child abuse and endangerment in 2009? Turns out that the student's parents are suing Gonzalez and the Santa Ana Unified School District in a civil suit--the former for mental and physical trauma caused to the student by his actions, the latter for negligence for keeping an employee parents had complained about for years.

The district's response? Slur the victim--a cerebral palsy-stricken young woman that has the mental capacity of a seven-year-old--with the worst "she wanted it" defense since the Haidl boys roasted Jane Doe.

In a June 1st filing in Orange County Superior Court, school districts lawyers tried to dismiss the lawsuit using 40 separate affirmative defenses, known in the real world as "excuses." One of them was that the victim's injuries and trauma due to Gonzalez's grubby hands "were the direct and proximate result of the contributory negligence of plaintiff, and, at the time and place alleged, plaintiff failed to use due and reasonable care for her own safety and protection." Not only that, but the filing claims the victim "chose to encounter the known risk created by that breach of duty" that resulted when Gonzalez was left alone with her.

Remember: we're talking about a then-17-year-old girl with the mental capacity of a seven-year-old, one who must be bound to a wheelchair at all times.

Defendant attorneys Glenn Goldby and Shiao-Wen Huang weren't done. They claimed the abuse the child suffered--another school employee found the two alone in a room, with the girl's breasts exposed because Gonzalez had lifted her shirt and undershirt up to her chin while claiming to fix her shirt--was "consented to." The two also asserted the girl's parents "negligently, carelessly and recklessly supervised, monitored, controlled and instructed the minor plaintiff so as to legally cause and contribute to her injuries and damages, if any." All this about a young girl who can't verbally communicate with anyone, and thus has never been able to disclose what exactly Gonzalez did to her.

As a grand, caring finale, the district asked presiding Judge Luis A. Rodriguez to not only dismiss all charges against them but to make the victim's family pay all legal fees. Since when did the Santa Ana Unified School District take its directions toward sex abuse from the Diocese of Orange, and not the other way around?

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Interesting article, was curious if you would permit me to link to it in a article im currently creating for my own site? Thanks
Interesting article, was curious if you would permit me to link to it in a article im currently creating for my own site? Thanks
SAUSD Education First! Who are they educating a bunch of sick Pervs!
That suit needs to name Juan Lopez, Camille Boden and past Superintendent Al Mijares - all, personally. They were made well aware of the complaints agains Alonso. And in particular the victim needs to sue disgraced ex-principal Esther Jones for actively covering for Alonso for years. VP Evelyn Carrig should be brought out of retirement to get sued too. She was Alonso's teacher at Lathrop and she forced him onto special needs students when he was transferred to Saddleback. She oversaw the demotion of the special education department chair, Susan Spackman, after Spackman removed Alonso from the special needs classroom the first time. Everyone involved knows what a menace Alonso posed. Alonso was removed from several classes of special needs on several occasions, only to have Jones and Carrig insist that he be put back into assignments where the students would have little chance of defending themselves from a molester. The union filed grievances in the matter. Those attorneys should be fired for incompetence. There is certainly a thick paper trail about this tragic turn of events. It was bound to happen. Those in charge would not address the issue and look what happened. Ironically, Boden has been giving workshops on how to spot a sexual predator. She needs to be fired. That would help take care of the sexual predator issues in the district.
CHS is absolutely right. Answers to lawsuits aren't binding admissions by the defendants, so to make sure all bases are covered, defendant's attorneys plead every possible defense that might apply. If they don't plead them, and evidence is later uncovered that the defense might apply, the defendant might be held to have wiaved the defense by not initially raising it. As the lawsuit goes forward, most of these intially-pleaded defenses drop away. If you want to get mad at SAUHS, get mad at them for not pressuring their insurer to settle the matter, allowing a problem employee to remain on the job, etc. If this were a criminal matter, you wouldn't be shocked and outraged that the defendant's attorney entered a plea of "not guilty" even though the defendant looked as guilty as hell. It's how the system works. And if Gustavo and Village Voice were sued for defamation, you can bet that Gustavo's and Village Voice's attorneys would file the same kitchen sink type of answer about which Gustavo is claiming to be up in arms. Gustavo, either you're pandering to the ignorance of your readers by claiming to be shocked by a run-of-the-mill legal filing, or you are too stupid to be commenting on the effect of legal filings. Which one is it?
RobE, Hopefully they don't employ Pacific Strategies, AKA Matt and Laura Cunningham to further humiliate the victim and her family. There are 58 counties in this state and 999 school districts. Most of which operate in under public scrutiny. Unlike parochial schools where you can rape kids and cover it up.
It sounds like the school board has been advised by Tod Brown. This is one reason why school boards ought to be abolished, the administrators all fired and the schools run by the professionals, the teachers.
Hang 'em by the balls!
During the mid 80's an employee in the Fullerton Union School District was sexually abusing female special education students. My cousin who was 15 at the time was one of them. The principal would not take action, and the pervert kept his job (the legal authorities having jurisdiction in Fullerton wouldn't do anything). My cousin ended up going into therapy. Later in the early 90's the same degenerate violated at least one other girl, was caught, arrested and sent to prison. I have dealt with public school districts for other matters. Some principals are so arrogant and full of themselves that they feel that they are above the law and anyone who doesn't work in the system does not have the intelligence or resourcefulness to challenge them.
Gustavo, perhaps I didn't make myself clear. This sort of over-the-top response to the plaintiff's complaint is common in California state courts. Attorneys have "form" answers which include every affirmative defense under the sun because they're afraid to omit anything (malpractice concerns). Attorneys don't bother to edit their defenses because there's no requirement to do so in state court (as stated above, editing is required in federal courts). I've seen contract defenses raised in a defendant's answer to a personal injury complaint. I've seen tort defenses raised in real estate cases. A defendant's over-inclusive list of affirmative defenses is usually just kind of silly. As you correctly point out, it's quite offensive in this case. Believe me, the "consent" defense will not be mentioned again by these lawyers. However, if they try to press this defense, I'm hoping that you will howl to the heavens about it.
May the lawyers get their just rewards for this...
SICK FUCKS
Where do you volunteer to serve on the Jury for this trial. The School Board and Administrators need to be sent a clear message that will understand. There absolutely no excuse for them to victimize this child a second time. Secondly, they should be replaced in the next election.
CHS: I seriously hope you're being sarcastic... David: Get the hell out of here and go to where you belong�our Fustercluck series, dipshit. Raines: Your one sick sack of shit who I'm sure got that way because someone kicked your ass back in the day. Am I right?
"give all their funding for this year to the family of one poor little gork?" Actually, I'd like that just fine, considering what immoral, incompetent crooks the district has chosen to be, and how callously they allowed this one poor child (NOT a "gork") to be abused by a guy parents were already complaining about. If they're going to do that, they don't deserve any funding. why should our tax dollars pay for this?
Attorneys have an obligation to their clients - TO WIN. Not to care what a bunch of idiots like you think. Would you prefer they just tell the school district to give all the funding for this year to the family of one poor little gork?
Really? A mentally disable girl! Get's blame for being molasted? Really? Your ISD is jack the #$# up! I pray the mother is taking this to the next level! This is so wrong on so many levels! I hope the school worker goes to hell! I am glade I don't have kids in your school!!
What is really SAD is when the Education Board members responsible come up for re-election, this issue will be forgotten... They will be all, We do so much good for the community, and the voters will either have forgotten, or have been convinced their vote means nothing, or they will buy the BS. Recall Elections, have a different effect, they may work... If anyone cares that much... but it is easier to curse all in comments here, and move on.
Thank you Justice for giving out the names of the people who are working to take advantage of this girl. If I'm ever in the area I will be sure to look up these people and maybe try and find out exactly what their mental capacity is. Right now it appears to be lingering somewhere between whale shit and the ocean bottom. These scum suckers need to be put in a wheelchair, gagged and strapped down and then taken advantage of(severly). Afterwards sued because they asked for the abuse that was dealt out to them. I wonder what their stance would be after it happened to them??
Shoot all the criminal defense attorneys? HUH? What a moron! It's the school's insurance company lawyers that filed that response to the CIVIL suit, not the criminal defense attorneys, YOU MORON!! Hate the INSURANCE COMPANIES, not the criminal defense attorneys. Uuuughhh !!! I've had it with idiots !!!
Really disgusting. The idea that a non-verbal, wheel chair bound girl with the mental capacity of a 7 year old could give consent is offensive. Also the idea that the parents should somehow have been monitoring this teacher's aide or somehow be better protecting their daughter is insane. Monitoring the employees is a job for the school system and so is keeping students safe. Guess we won't be moving here anytime soon.
@davidozone - too bad you're on Mexico's land. This land is rightfully their's. And deep down you know it. And don't worry, I'm not the "sewage spill south of the border". I'm from Canada, so there. Don't comment, if you're just going to make racist remarks. They have room for you somewhere in the South - a little club called the KKK. Get over yourself.
send them all back to mexico and be done of this sewage spill south of the border onto American soil.
This sort of "everything but the kitchen sink" list of affirmative defenses is rather common in California state court practice. Firms that frequently defend school districts or other large instititional clients - such as the firm defending the SAUSD in this case - often prepare forms into which case-specific information is then added. The result is that sometimes inappropriate, irrelevant or just plain silly defenses are included in the answer filed by the defendant. I'm sure that's all that happened here. BTW, this practice is discouraged in the federal courts. Now, if the defenses cited in the article are then pressed by the defendants during discovery or at trial, that's something to criticize. However, boiler-plate pleadings are filed all the time and should not be a target of ridicule.
I find this so surprising given what a good Christian Republican Rob Richardson is!
Uh, sweetpea? Your illegals obsession has nothing to do with this�Gonzalez is a Cuban, if I remember correctly, and fully assimilated citizen Latino for sure.
A tragic commentary on our society. My prayers go out to this poor girl. Unions, I'm sure, are protecting the school and worker. Attorneys are abusing the political system so they can keep their free reign of bs lawsuits. ... and if Santa Ana were a rule of law city this punk would be behind bars awaiting his new cell mate.
Shame on the attorney's for SAUSD, Eric Bathen & Marcia Brady. Shame on you Juan M. Lopez. Shame on you Chad Hammitt. Shame on you Amelia Ayala. Shame on you Jane A Russo. All of you deserve whatever comes to you. This defenseless child is at no fault. You people do not fight for the rights of the children. You are all selfish, greedy, vain, and all about how you look. I am sick to my stomach just thinking about you viscious people trying to wash your hands of this. I know Amelia Ayala is no longer with SAUSD, but when she was there, long enough to put this criminal on leave, she was too busy trying to keep her own job at SAUSD. Bravo to the administrators of SAUSD. You are doing a fine job protecting the children of Santa Ana.
I am completely lost for words! I cannot believe that the SAUSD is doing this, well actually I can! I worked for Saddleback 'x-amount of years' ago and the administrators try to rule with an iron fist. They will do everything they can to cover their rear ends. That is why they have gone through 2 principals in one school year. I hope the parents of this girl sue the district for everything they have, which probably isn�t much considering they have also been in trouble for mishandling their funds.
This is disgusting and reprehensible. First they allow this to happen, then they try to cover it up, and now this? Everyone involved at the school and the district should be held to reconcile for this atrocity and then promptly fired.
That is mind-bogglingly wicked!
Que Pendejos!
This makes me sick to my stomach! That poor girl.
If in fact the school district knew this person was harming students then they do indeed deserve a lawsuit. Obviously the perpetrator does as well for his actions which he pled guilty to. To accuse a handicapped girl as has been stated in this article with her inability to even communicate is NOT DEFENSE, it is, in my opinion a criminal attack on a handicapped minor and the defense attorney(s) should be prosecuted for harassment and worse. Shame on you, Santa Ana School District! You people are charged with caring for our children! Take the results of your actions and deal with it! I can't believe I am even reading this. Or that any court would allow such things to happen.
First, shoot all the (criminal defense) lawyers...
outrageous!
Simply disgusting. We need to dump the SAUSD Superintendent and the entire Scool Board!