Michael P. Ehline Negligence Law Blog on Lawyers.com

February 2, 2012 - According to reports the district attorney’s office rejected sexual molestation allegations in 1994, claiming there was not enough evidence.
According to Los Angeles County Sheriff’s Department Sgt. Dan Scott in January of 1994 officials reported an attempted fondling involving a girl that was 10 or 11 and Miramonte Elementary School teacher Mark Berndt.
Stg. Scott said that detectives investigated the claim and turned it over to the district attorney’s office where it was rejected.

According to Sgt. Scott the district attorney’s office said there was not enough evidence to prosecute Berndt.
Los Angeles Schools Superintendent, John Deasy stated that he was aware of an allegation of inappropriate behavior involving Berndt in the 1990’s and has launched an internal investigation into any past records of incidents involving the former teacher.
The prosecutor’s office has stated that they cannot comment on any cases where charges were not filed and is over 60 days old.

Sgt. Scott said the allegations by the young girl were that Brendt attempted to touch her over her clothes and in the genital area.
Berndt age 61 is being held in the Los Angeles County Jail in lieu of $23 million bail and made his first court appearance Wednesday. He is scheduled to appear in court on February 21 to enter a plea.
There have been five more alleged victims that have contacted the Los Angeles County Sheriff’s Office, since Berndt was arrested, sheriff’s investigators said.
According to statements by Marlene Trujilo, who was a 4th grade student in Berndt’s class in the 1990’s said he was investigated by school officials.

Trujilo said that Berndt could be seen moving his hands under his desk in near his lap in the front of the classroom.
The 30 year old said that she, along with other students saw a jar of Vaseline in his desk. She said that she and two other girls were called into the school counselor, after one of the girls told about Berndt’s behavior. The counselor attributed their claims to a ‘vivid imagination’ and no more was said about the claims.
Another past student Nadine Martinez said that she also saw Berndt’s behavior behind his desk and told her mother.

The former student said her mother did not take the claims seriously enough to report it to authorities or school officials.
According to reports Berndt who was removed from the Los Angeles school was not fired, but was permitted to resign. This resulted in Berndt having lifetime health benefits and a pension of approximately $4,000 a month from the California State Teachers Retirement System.

This was a public service message from the Los Angeles personal injury attorneys at Ehline Law Firm PC 213.596.9642.