Latest News

Megan’s Law Loopholes

Published on: January 30, 2017 | By Cerri, Boskovich & Allard, LLP

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.

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Female Teachers Arrested for Sexually Abusing Male Students

Published on: January 24, 2017 | By Cerri, Boskovich & Allard, LLP

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.

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John Loyd

Published on: November 2, 2016 | By Cerri, Boskovich & Allard, LLP

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:

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Prosecution Time Limits for Sex Abuse Crimes Abolished

Published on: September 28, 2016 | By Cerri, Boskovich & Allard, LLP

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;

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Former Los Banos teacher Gary Bettencourt Sentenced to 8 years and 4 months in Prison

Published on: September 27, 2016 | By Cerri, Boskovich & Allard, LLP

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”.

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Jury Finds Former USA Swimming National Team Member’s Lawyer Committed Fraud

Published on: September 20, 2016 | By Cerri, Boskovich & Allard, LLP

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.”

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Protect Your Child From Coaching Sex Abuse

Published on: June 3, 2016 | By Cerri, Boskovich & Allard, LLP

Tips to keep your child safe from coaching sex abuse at USA Swimming clubs and YMCA pools

Despite recent stories of USA Swimming coaching sex abuse, swimming is one of the most popular Olympic sports, and the success of famous athletes such as Michael Phelps and Missy Franklin inspires children across the nation to start swim lessons with USA Swimming Clubs, YMCA programs, or municipal summer recreation pools. All too frequently, however, coaches abuse their close relationships with young athletes, and take sexual advantage of them. The problem of coaching sex abuse is worsened when the supervising organization, rather than taking steps to protect the victim and any other children under its care, tries to preserve its reputation by covering up the actions of the coach turned predator.

One of the biggest coaching sex abuse scandals in youth athletics in recent years continues to involve USA Swimming. So far, over a hundred coaches working for USA Swimming’s member clubs have been permanently banned from the sport for molesting, groping, and secretly filming the young athletes under their care.

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Repressed Memories of Child Sex Abuse

Published on: June 1, 2016 | By Cerri, Boskovich & Allard, LLP

Why childhood sex abuse may cause repressed memories in adulthood, and why victims may take years to come forward.

The human brain is a complex organ. It has nearly full control over the functioning of both the body and the mind. However, a traumatic event can deeply change the way a victim’s brain processes and interprets information. Any profoundly horrifying or life-threatening occurrence – a natural disaster, a battle, or a physical or sexual assault – can scar the mind and alter the operation and structure of the victim’s brain.

The Science Behind Memory Repression and Retrieval

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PTSD and Childhood Sex Abuse

Published on: April 25, 2016 | By Cerri, Boskovich & Allard, LLP

How childhood sex abuse leads to PTSD

Post-traumatic stress disorder, commonly known as PTSD, is a grave psychological condition triggered by a traumatic or horrifying event in a person’s life, such as childhood sexual abuse. The person’s life may have been placed in mortal danger, or they may have sustained grievous injury-or there may have been the imminent threat of grievous injury. PTSD is a consequence of the feelings of powerlessness, terror, or latent phobias which often plague survivors of traumatic experiences. While PTSD has traditionally been associated with war veterans, similar symptoms have been documented in victims of accidents, natural disasters, or physical or sexual assault.

Moments of intense fear or horror create powerful echoes within a person’s psyche. It’s natural for that person to experience a broad spectrum of emotional turmoil following the event; awe, anxiety, anger, terror-even shame and guilt. In some cases, these emotions may fade with time. Frequently, however, these emotions escalate, taking over the individual’s life and making it difficult to work or have normal relationships. A person who has had PTSD symptoms for longer than a month and is experiencing difficulty with their lifestyle and functionality needs immediate help.

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$15 Million Settlement for O.B. Whaley Sexual Abuse Victims

Published on: April 20, 2016 | By Cerri, Boskovich & Allard, LLP

Administrative negligence harms innocent O.B. Whaley molestation victims

This case started with a single victim. In January 2012, authorities arrested Craig Chandler on suspicion of molesting a young child at O.B. Whaley Elementary School, where he had worked as a teacher for nine years. As the investigation proceeded, it became clear that he had molested five girls going back to 2010. The jury sentenced Chandler to 75 years in prison. Moreover, O.B. Whaley’s principal, Lyn Vijayendran, who was told of Chandler’s inappropriate behavior but failed to notify police or Child Protective Services, was sentenced to six months in jail.

Attorney Robert Allard of Cerri, Boskovich & Allard led the litigation team against the Evergreen Elementary School District. By preparing an airtight case against the District, Mr. Allard’s team persuaded the District to pay $15 million to the victims for the lifelong harm they are to endure. At the same time, the settlement prevented the poor victims from having to relive their trauma in a courtroom. Allard knew that the Evergreen School District was clearly at fault—that the principal of O.B. Whaley had been previously made aware of Chandler’s inappropriate behavior with students, and had even been observed engaging in inappropriate acts by other teachers, yet the principal had taken no action. Hence the extraordinarily large amount of the settlement.

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