As students head back to school, the San Jose law firm of Cerri, Boskovich & Allard is reminding parents about the dangers of sexual abuse by educators. back-to-schoolThe firm is announcing a $1.2 million settlement in a sexual abuse lawsuit filed against a San Jose charter school.

The case involved a high school teacher who sexually abused one of his students and a principal who was directly and expressly notified about the illegal relationship but did not notify the authorities as required by law, instead choosing to investigate himself.

The California mandatory reporting law mandates that an educator report to the authorities any time he or she entertains a reasonable suspicion of sexual abuse. That was not done here. Instead, it took a complaint from a concerned parent to trigger involvement by the police which promptly resulted in an arrest.


New Haven Unified accused of ignoring numerous sexual abuse “red flags”

The New Haven Unified School District (Alameda County Superior Court, Case #17868000) is facing a third sexual abuse lawsuit resulting from the molestation of several elementary school children by former teacher Michael Howey. Howey entered a guilty plea to sex abuse charges, including the plaintiff in this lawsuit, and is now serving a lengthy prison term for his crimes.

Michael Howey, New Haven Unified School District

Michael Howey, New Haven Unified School District


Sexual abuse lawsuit names the Boys Scouts of America’s local representative, the Silicon Valley Monterey Bay Council [“SVMBC”], and Willow Glen-based Lincoln Glen Church.

In representing a young sexual abuse victim, our lawsuit alleges that the named entities failed to properly supervise convicted child molester Ronald Guinto. As a result, a then ten-year-old Boy Scout was sexually abused.

The lawsuit claims that in March of 2008, Ronald Guinto contacted the SVMBC and asked if he could volunteer with a Boy Scout pack near his San Jose home. Despite no history with the Boy Scouts nor any wilderness training experience, Guinto was able to obtain a volunteer position with a group of 9 to 11-year-old boys. Within a few months, Guinto achieved a leadership position as Webelos Den Leader for Pack 220. That position gave him the ability to plan and carry out overnight campouts and outdoor activities.

As part of the $8.25 million settlement with three child sex abuse victims, the Morgan Hill Unified School District is also moving forward in implementing and supporting programs aimed at preventing the sexual abuse of students.

The law firm of Cerri, Boskovich & Allard announced that the Morgan Hill Unified School District agreed to pay $8.25 million to three then-elementary school students sexually abused by former teacher John Loyd. At the same time, complying with the wishes of the victims’ parents, the district is also moving forward to carry out child sexual abuse prevention programs.

The agreement was reached as jury selection was about to start in the sexual abuse lawsuit (case #115CV285795 – Santa Clara County Superior Court) against the school district. The three children were represented by attorneys Robert Allard, Lauren Cerri, Ken Turek, and Christopher Schumb.

According to California’s Sex Offender Management Board, the number of sex offenders on the Megan’s Law website is nearly 17,000 less than than the number of registered sex offenders in the state. That’s because Megan’s Law exempts some registered sex offenders, including those convicted of sexual battery or a misdemeanor charge of annoying or molesting a child. The law also provides for exclusions of other sex offenses as long as they don’t involve “oral copulation or penetration.”

In the case of Robert Adams, he pleaded no contest to charges that he allegedly molested six girls. But by entering into a plea agreement, the felony charges were dropped in exchange for Adams pleading no contest to six counts of misdemeanor child molestation. Part of Adams’ plea agreement was that he register as a sex offender for life. Adams has reportedly registered with Folsom police as a sex offender. However, the information kept by the police is not available to the public.

When it comes to the state’s public database of sex offenders, Megan’s Law only requires registration of serious and violent sex offenders. The Megan’s Law website is intended to make the public aware of sex offenders by posting their pictures and home addresses online.

Two female teachers, one in Fremont and the other in San Jose, are both facing sex abuse charges alleging inappropriate sexual contact with male students.

On Thanksgiving Day 2016, Washington High School PE teacher Corine Audiat was arrested for unlawful sex acts with a minor. Corine Audiat is also known as Cory Audiat.

In early December, Trudy Hill, an English teacher at Santa Teresa High School, was arrested on charges of sending harmful matter to a minor and oral copulation with a minor. Hill is the fourth East Side Union High School District employee to be accused of sexual misconduct with a student in 2016. Hill, along with James Lick interim vice principal Juan Gonzalez, Mt. Pleasant High School assistant track coach Enoch Garcia, and Independence High School wrestling coach Marc Alquiza are all facing charges.

John Loyd is serving a 40-year prison sentence for sexually molesting four fifth-grade girls. His victims ranged in age from 9 to 11 years old. Three of the children were molested at Paradise Valley Elementary School during a three-year period from 2012-2014. And the fourth victim was molested from 2003 to 2004.

Based on the predatory nature of the crimes that occurred we believe there may be other victims that need help.

John Loyd was born and raised in San Jose, graduating from Mt. Pleasant High School in 1980. He appears to have worked at:

There will be no more hiding behind arbitrary time limits, also known as statutes of limitations, for predators who commit sex abuse crimes in California. The Governor signed SB 813, which amends the penal code so that the following sex abuse crimes have no time limits to prosecute:

  • rape;
  • spousal rape;

Merced County Superior Court Judge David Moranda sentenced Gary Bettencourt, former Pacheco High School drama and English teacher, to eight years and four months in prison on Friday, September 23, 2016 (Merced County criminal case number: 16CR-00639A). Bettencourt last month pleaded no contest to sexually abusing two former students more than 10 years ago and, more recently, to having sexually abused another student in 2015.

The Bettencourt case led police to also charge Dusty Norris, a former Los Banos high school teacher turned police officer with similar crimes. Norris is charged with sexually abusing one of Bettencourt’s victims.

Both Bettencourt and Norris along with the Los Banos Unified School District are named in a civil lawsuit filed by the San Jose law firm of Cerri, Boskovich & Allard. According to attorney Robert Allard, “Bettencourt has now been held criminally responsible for what he did to these young girls. It’s now time for the school district to be held accountable for allowing Bettencourt to harm these young women in the worst of ways”.

An Orange County, California jury awarded former Olympic swimming hopeful and USA Swimming National Team member Dagny Knutson $617,810 for the financial and emotional harm caused by her former attorney, Richard Foster. Knutson trusted Foster with her swimming career when she retained him in late 2010, but the aquatics insider instead defrauded Knutson.

The Knutson legal team featured attorneys Robert Allard, Jonathan Little, Mark Boskovich and Laura Liccardo.

“Dagny was used, abused, manipulated and betrayed by a powerful group of aquatic insiders,” said Allard. “This is full vindication for her. After what she has been through and what she has lost, she deserves it.”

American Board of Trial Advocates
The Best Lawyers in America
Best Law Firms
AVVO
The National Trial Lawyers
California Lawyer
Martindale-Hubbell
Irish Legal 100
Santa Clara County Bar
Super Lawyers
National Association of Distinguished Counsel - Top One Percent
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year
Contact Information