Showing posts with label Carol Lynne Maner. Show all posts
Showing posts with label Carol Lynne Maner. Show all posts

Thursday, August 06, 2009

One Last Appeal?

In the midst of the Petrilli trial the Fayette County Schools received news that the Kentucky Court of Appeals would not grant the board of education a rehearing on the $3.7 million judgment granted Carol Lynne Manor.

The last chance for the board to overturn the judgment would come in a motion for discretionary review by the Kentucky Supreme Court.

If that request is made - and denied - it will be time for the district to issue a public statement about the 30-year old case and to assure the public that procedures and safeguards now exist to prevent any reoccurance of these despicable acts.

This from H-L:

Fayette school board's request for rehearing denied
in Maner civil suit

The Kentucky Court of Appeals on Monday denied the Fayette County school board's request for a rehearing in the $3.7 million judgment in favor of Carol Lynne Maner.

In 2007, a Fayette Circuit Court jury found that in the late 1970s and early 1980s, school officials ignored allegations that Maner was sexually abused by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School. The jury's verdict in the high-profile trial is one of the largest awarded in Fayette County.

The school district appealed the verdict, but the Kentucky Court of Appeals upheld the decision May 22. The school board then asked the appellate court last month to reconsider that decision.

The appeal process can be "frustrating, and sometimes it's nerve-racking, but we're still winning," said Charles Arnold, one of Maner's attorneys.

The school board must file a motion of discretionary review with the Kentucky Supreme Court if it wants to appeal the case further, Arnold said...

Tuesday, July 14, 2009

Prosecution Rests in 1970's Sex Abuse Case

This from the Herald-Leader, photos by Pablo Alcala.

Fayette school sex-abuse case gets new details

Maner testifies against former science teacher
For the early part of Monday afternoon in Fayette Judge James D. Ishmael Jr.'s courtroom, Carol Lynne Maner didn't look at the man the commonwealth had charged with raping her 30 years ago.

When Maner had to, she called him Mr. Hubbard. She was polite and quiet, wringing her hands.

But she gained some strength as the day wore on.

When special prosecutor Tom Smith asked her to describe the evening of her first sexual encounter with her ninth-grade science teacher, she turned to the defense table and called Jack Russell Hubbard by the name she had always called him, Russ. Then she told how, in the 1970s at Beaumont Junior High School, she'd turned to him for help when she was being molested by Roberta Blackwell, an art teacher, and he, in turn, introduced her to marijuana and heterosexual sex.

"He seemed compassionate," she said when Smith asked why she went to speak to him about her problems. "He said he was available to talk to me."

Maner described how Blackwell drove the 15-year-old girl to Hubbard's home and left her on his porch. She told how he beckoned her into his bedroom, taught her to roll and smoke a joint and how he allegedly said she needed a man to "take her
virginity."

Maner described herself as "in no position to refuse."

And this from H-L:

Woman testifies she, other teacher
had sexual relationships with former student

Roberta Blackwell Walter, long accused by a former student of repeated molestation, took the stand Tuesday in Fayette Judge James D. Ishmael's Jr.'s courtroom and admitted having sex with Carol Lynne Maner who was 15 at the time.

"I realize I was the adult, and she was the child," Walter told jurors. "I should have nipped it in the bud. I knew it was wrong."

The admission came in the trial of Jack Russell Hubbard, who is accused of first-degree rape of Maner and first-degree sodomy of Thomas "Beau" Goodman III while both were students at Beaumont Junior High School in the 1970s. Walter testified for the prosecution against Hubbard as part of a plea agreement that would reduce two felony charges against her, with likely prison time attached, to misdemeanor charges carrying only probation...

The commonwealth closed its case late in the morning. The defense begins its case Tuesday afternoon.

Friday, June 12, 2009

Fayette school board seeks rehearing in sex-abuse lawsuit

This from H-L, Photo by David Stephenson:

The Fayette County Board of Education has asked the Kentucky Court of Appeals for a rehearing of its ruling last month upholding Carol Lynne Maner's $3.7 million award against the school district.

Petitions for a rehearing are standard procedure in such appeals cases.

Maner was awarded damages in 2007 by a Fayette Circuit Court jury, which found that Fayette school officials ignored allegations in the 1970s and 1980s that Maner was sexually abused by teachers, a guidance counselor and an assistant principal while she was a student.

The school board appealed the trial court decision, but the Court of Appeals rejected the appeal in May...

Friday, May 22, 2009

Maner Wins Fayette Sex Abuse Case on Appeal

KSN&C Backstory:

This from the Herald-Leader,

Appellate court upholds verdict

against Fayette schools

in sex-abuse lawsuit

The Kentucky Court of Appeals affirmed Friday that the Fayette County Board of Education must award Carol Lynne Maner $3.7 million in her high-profile sex-abuse lawsuit against the district.

In 2007, a Fayette Circuit Court jury found that school officials in the late 1970s and early 1980s ignored allegations that Maner was sexually abused by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School. The jury's verdict is one of the largest awarded in Fayette County.

The school board had appealed the trial court's decision.

Maner said the appellate court's decision to uphold the 2007 verdict sends a message to school systems that "there's a problem, that this kind of thing happens, and they're not untouchable anymore." ...

In its appeal, the school board basically contended that the trial court had erred in failing to rule that the statute of limitations in the case had run out. But the appeals court rejected that argument.

Maner sued the district in 2003 on a civil rights claim and the Title IX Education Amendments of 1972, a federal law prohibiting sex discrimination in educational institutions. She says she was essentially denied her right to an education and subsequently slid into depression and drug addiction from the alleged abuse...

Monday, December 22, 2008

Jack Russell Hubbard pleads not guilty to sex charges

This from the Herald-Leader: KSN&C Backstory:

A former Beaumont Junior High School science teacher pleaded not guilty Friday to sodomy and rape charges stemming from allegations by two students in the late 1970s.

Jack Russell Hubbard, 61, appeared in Fayette Circuit Court for his arraignment on four counts of first-degree sodomy and one count of first-degree rape. Former students Thomas "Beau" Goodman III and Carol Lynne Maner made the accusations.

Hubbard, who now lives in Texas, was arrested in July 2007 in Pennsylvania as Maner testified in a civil trial in Lexington against the Fayette County school board. Maner, who accused the school board of ignoring a pattern of alleged sexual abuse against her by several school board employees, won a $3.9 million verdict. An appeal by the board is pending.
A pretrial conference is scheduled Jan. 29 before Judge James D. Ishmael Jr. the same judge who is hearing Petrilli v Silberman. After hearing motions a trial date could be set.

Saturday, November 17, 2007

Fayette County School Board to Appeal Sexual Abuse Judgment

The Fayette County School Board is appealing a $3.9 million civil judgment against it in a sex abuse lawsuit.

In July, a Fayette jury found that the school board had ignored Carol Lynne Maner's allegations of sex abuse at Beaumont Junior High School and Lafayette High School in the late 1970s and early 1980s.

The jury awarded $3.7 million, and a judge raised the verdict by $238,766 to include attorney fees.

The school board has argued that school district officials were not aware of the allegations of abuse and that the lawsuit is barred by the statute of limitations. The board did not identify the issues it will raise on appeal when it filed its notice of appeal last week.

This from the Herald-Leader.

Saturday, September 08, 2007

Fayette County Schools Ordered to Pay Maner's attorney $238,766 in fees

Attorneys had asked for $1.5 million

LEXINGTON: The Fayette County School Board is obligated to pay Carol Lynne Maner's attorneys $238,766 in fees for their successful prosecution of a civil lawsuit against the board, a judge ruled yesterday.

The ruling increases the verdict in Maner's sex abuse lawsuit to $3.9 million.

A Fayette jury found in July that the school board had ignored Maner's allegations of sex abuse at Beaumont Junior High School and Lafayette High School in the late 1970s and early 1980s.

The school board has not indicated whether it will appeal...

This from the Herald-Leader.

Wednesday, August 15, 2007

Science teacher charged with molesting students released on bond

LEXINGTON, Ky. --A high school science teacher accused of molesting two students in the 1970s was released from jail Wednesday after posting a deposit on his $32,500 bond.

A judge agreed to release Jack Russell Hubbard, 60, from Fayette County Detention Center after he surrendered his passport and paid 10 percent of the bond, the Lexington Herald-Leader reported on its Web site.

Hubbard is charged with four counts of first-degree sodomy and one count of third-degree rape in connection with alleged sexual assaults. He and another former teacher, Roberta Walter, were arrested last month.

One of the students, Carol Lynne Maner, recently won $3.7 million in a civil trial against Fayette County's Board of Education after a jury found district officials ignored incidents of sexual abuse. The other student, Thomas "Beau" Goodman III, settled his case.

Goodman claimed Hubbard sodomized him 30 times when he was 14 and 15 years old. The rape charge involves Maner when she was 15.

Hubbard's attorney, Bill M. Butler Jr., said his client was innocent and that the charges were motivated by money.

"He's never had a single complaint lodged against him," Butler said. "In my experience in 20 years as a defense lawyer, I've found that cases with allegations like this generally have more than one instance. And there are generally allegations along the way."

Butler waived a preliminary hearing, allowing the case to go to a grand jury.

This from the Herald-Leader.

Sunday, July 22, 2007

Maner case: H-L analysis

None of the jurors spoke to Herald-Leader reporters, so their analysis is difficult to take as definitive. But I sure don't have a better explanation for the jury's finding that Fayette County school district officials knew and failed to respond to the repeated sexual abuse of a student. The jury says that's what happened. It's inexcusable.

I chatted with a Fayette County high school associate principal today who reflected my own feelings. The principal knew one of the accused individuals, was shocked by the allegations and saddened by the outcome - not that it went against the district she cares about - but that it was apparently true. Given the burden the plaintiffs had to carry in the case, the evidence must have been compelling.
~
It came down to the word of a mother
Maner faced big hurdles on way to $3.7 million verdict

After two weeks of exhaustive evidence and testimony, the trial of Carol Lynne Maner's sex-abuse lawsuit came down to the word of a mother who had abused her kids versus that of an educator who was well respected in the community.

The jury sided with the mom, delivering a $3.7 million verdict against the Fayette County Board of Education. It is probably the largest collectable verdict leveled by Lexington jurors since 1989.

A jury of four men and eight women found that the school board ignored alleged sexual abuse of Maner by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School in the late 1970s and early 1980s.

The verdict is remarkable not only for the size of the damages but for the hurdles Maner faced in proving the board's liability. She had to prove nearly 30-year-old allegations that were so extraordinary that some observers thought it unlikely a jury would believe them....

...Maner's first obstacle was proving that her case was not barred by the statute of limitations. That meant convincing jurors that a pillar of the community, former superintendent Guy S. Potts, effectively concealed suspected abuse of Maner by two teachers in 1979 and 1980.

And Maner's lawyers relied, almost entirely, on the word of the mother, Carolyn Maner, who was investigated by state social workers for bruising her daughter's leg after an argument. The mother was also bipolar and had a multiple personality disorder.

"They might believe she is mentally ill, but they didn't think she was lying," said attorney Chris Miller, who also represented Maner...
...There may be another reason why jurors sided with Maner, one that puts the school board in a better light.

Jurors may have been so angry from the sex-abuse allegations that they wanted to take it out on somebody. That somebody happened to be the only defendant in the suit: the school board....

...Another key factor in the trial is that the school board did not directly challenge much of Maner's sex abuse allegations...

...[Attorney Chris] Miller, [who also represented Maner] pounced on the fact that Walter, Hubbard and Kazee did not testify.

"That really did hurt them because those people are still alive," Arnold said. "There was never a good explanation for (their absence).

That may have changed the whole complexion of the case."
...Maner thinks the testimony of Dr. Robert Granacher, an experienced Lexington psychiatrist, backfired and angered jurors.

For starters, his testimony opened the door for Maner's attorneys to tell jurors about the affidavit of a man who says he witnessed Maner being raped in the Lafayette auditorium. Judge Thomas Clark had previously ruled that Maner's attorneys could not introduce that evidence since the man had died and the defense couldn't question him.

But Granacher mentioned it in his testimony.

"He let that cat out of the box," Maner said.

The psychiatrist said that Maner might have benefited from her relationship with Walter and was depressed, in part, because of hormonal problems. Granacher also said that sexual abuse cannot cause post-traumatic stress disorder, causing a juror to roll his eyes, Maner said.
This from the Herald-Leader.

Saturday, July 21, 2007

Teacher accused by Maner listed as coach for Las Vegas high school

Only one person accused of sex abuse in Carol Lynne Maner's lawsuit against the Fayette public schools is still involved in education.

Richard M. Kazee was a social studies teacher and soccer coach at Lafayette High School in the late 1970s and early 1980s when Maner alleged that he and other teachers in the Fayette County school system sexually abused her. A jury awarded Maner $3.7 million Thursday for her suit against the Fayette County Board of Education for ignoring allegations of abuse.

Kazee is listed as athletics director and the boys' soccer coach for Arbor View High School on Web sites for the Las Vegas school and for the Nevada Interscholastic Activities Association.

Late yesterday, an official with Nevada's Clark County School District said the district was unaware of Kazee's past, which also includes a conviction on a misdemeanor sex solicitation charge.

"We will certainly be looking into the situation and taking action as appropriate," said Martha Tittle, chief human resources officer for the Clark County district.

In 1991, Kazee was convicted of soliciting an undercover police officer for sex and suspended from teaching, according to his Fayette County personnel file.

He didn't lose his job after the conviction because a judge and a three-member tribunal decided the school district had not acted quickly enough in coming to a decision on his case. Kazee was suspended a second time in November 1991 after drinking beer on campus during a first aid class for coaches. Kazee fabricated a story about switching the beer with non-alcoholic beer to cover up the incident, according to school personnel files.

He resigned shortly after that.

Kazee sued the Fayette County Board of Education and Ronald E. Walton, the superintendent at the time of his resignation, to get his job back in 1992. The suit was eventually dismissed...

...Two other teachers Maner accused were arrested last week: Jack Russell Hubbard, a former Beaumont Junior High School science teacher, and Roberta Walter, a former Beaumont art teacher. Walter has been charged with third-degree sodomy and third-degree rape. Hubbard has been charged with third-degree rape and four counts of first-degree sodomy.

Lexington police detective James Root said he couldn't comment on why Kazee has not been charged because the investigation is still open.

Gardner has denied Maner's allegations. He became principal of Tates Creek High School before retiring in 2004.

Maner also accused former Beaumont Junior High School guidance counselor Bill Martin of abusing her and former Lafayette assistant principal Fran Edwards of trying to abuse her. Edwards retired in 1997 and has denied the allegations. Martin retired in 1988 and died in 2004.

This from the Herald-Leader.

Thursday, July 19, 2007

Jury says Maner should get $3.7 million in sex-abuse suit

When the jury returned its verdict the Fayette County schools took a big hit - a $3.7 million hit. Hopefully there will be some legal analysis in the near future. But for now, I must conclude the evidence was convincing to the jury...and that's how it goes. The plaintiff's evidence was described in the Lexington Snitch, posted here. (.jpeg file - download to view)

Video from WKYT TV.

The Herald-Leader reports:

A jury says that Carol Lynne Maner should receive $3.7 million in her high-profile sex-abuse lawsuit against the Fayette County Board of Education.

The verdict includes $3.5 million for emotional suffering and $200,000 for lost wages.

Jurors reached their conclusion after being urged “to send a message to these folks” by Maner’s attorney Thursday morning.

“They want you to ignore the evidence,” said attorney Chris Miller, who argued that the Fayette County Board of Education ignored allegations of sex abuse of Maner by four teachers, a guidance counselor and an assistant principal at Lafayette High School and Beaumont Junior High School in the late 1970s and early 1980s.

“We can’t allow this to happen in our community,” Miller said.

Miller asked for $2.16 million in lost wages from the educational opportunities he says Maner, now 45, was denied because of the alleged abuse. He asked for $37,685 for psychiatric counseling and psychotropic medicine for the next five years.

...Walter and Hubbard are the only teachers accused by Maner to be criminally charged. They were arrested last week in Tennessee and Pennsylvania, respectively. Much of the other alleged sexual activity described by Maner happened after she turned 16, the age of consent in Kentucky.

Sex-abuse lawsuit against Fayette school district goes to jurors

“They want you to ignore the evidence,” said attorney Chris Miller, who argued that the Fayette County Board of Education ignored allegations of sex abuse...“We can’t allow this to happen in our community,” Miller said.

Miller asked for $2.16 million in lost wages from the educational opportunities he says Maner, now 45, was denied because of the alleged abuse...

Attorney Larry C. Deener, representing the school board, said administrators were not aware of any abuse allegations and did not cause Maner’s injuries.

He said Maner’s story is illogical and doesn’t add up...If that’s the case, Deener said, then why didn’t she tell state social workers who investigated child abuse in the Maner household? Why would she allow Maner to go to Florida on spring break with art teacher Roberta Blackwell, an alleged abuser?

The case has gone to the jury.

This from the Herald-Leader.

Wednesday, July 18, 2007

Fayette County sexual abuse case moves toward conclusion


Yesterday's Herald-Leader followed up on the on-going sexual abuse trial in Fayette County. (I was busy doing some work at my church yesterday and am just now catching up.)

"Anybody who knows me knows that would not happen," said former Lafayette High School drama teacher and retired Tates Creek High School principal Robert Gardner.

I know Bob Gardner. We were professional associates for a number of years as fellow principals in Fayette County and my impressions of his work were of the highest order. When discussions took place on issues of concern to all school principals, Bob was typically in the room.

So when his name was tossed in with others in the Carol Lynne Maner case I was shocked. Bob seemed to be living every school teacher's worst fear - a claim of sexual abuse. How do you defend such a claim? "It's been four years of embarrassment and humiliation," he told the court.

I can't imagine.

That said, I don't really know the truth. Like other citizens, I'm relying on the jury to sort all that out.

A colleague of mine who was at Beaumont Middle School in the 1970s, has said the suggestion that Guy Potts would have turned a deaf ear to the claims made in this case is unimaginable. That's my impression too. When I arrived in 1986, immediately after Potts retired, I found a district that was very much "by the book."

Closing arguments are due to be made this morning, and then it will go to the jury for deliberation. I wish Bob good luck; Fran Edwards good luck; the district good luck...

I wish I felt better about a couple of other characters in the case.

This from yesterday's Herald-Leader:

Former educators deny sexual activity with Maner

The Fayette County Board of Education directly challenged some of Carol Lynne Maner's sex abuse allegations yesterday, calling a retired principal who vehemently denied having sexual relations with her while she was a student at Lafayette High School in the early 1980s.

"Anybody who knows me knows that would not happen," said former Lafayette High School drama teacher and retired Tates Creek High School principal Robert Gardner, who called Maner's allegations against him preposterous.

Maner has alleged in her lawsuit against the school board that it ignored allegations of sexual abuse of her by Gardner, three teachers, a guidance counselor and assistant principal at Beaumont Junior High School and Lafayette in the late 1970s and early 1980s.

She alleges she was coerced into having sex with Gardner in Lafayette's auditorium. She also says she had sex with Gardner elsewhere in the school and at his home, and with another former Lafayette teacher, Rick Kazee.

Gardner's cross-examination by attorney Charles Arnold, who represents Maner, was combative.

"It's been four years of embarrassment and humiliation, Mr. Arnold," Gardner said.

Maner's lawsuit was filed in August 2003.

Arnold questioned Gardner on what the lawyer saw as inconsistencies between his testimony and what he said in a deposition.

Arnold showed Gardner love letters allegedly written to him by a high school student in the early 1970s. Gardner said he'd never seen them and denied testimony last week by his ex-wife, Cecelia Correll, that she divorced him because she suspected he had an affair with a student. Correll says she found the letters in a briefcase.

"I'm not sure I like discussing my marriage from 30 years ago," Gardner said.

Gardner said he and Correll had a rocky marriage, which he says was never the same after he answered a phone call from a man wanting to come to see her. Gardner had been away for training in the Marine Corps Reserve.

Arnold also presented a letter that he says Gardner wrote to Maner. The letter was addressed to the "phantom," and Gardner acknowledged that the handwriting looked like his own. (Maner says Gardner called her the "phantom painter.")

Gardner said it was no different than thousands of other harmless letters he'd written to students.

A former associate principal at Lafayette High School also denied attempting to abuse Maner.
Maner has claimed that Fran Edwards attempted to sexually abuse her during a trip to see an art exhibit in Nashville. She said Edwards bought her expensive clothes and telephoned her at home.

Edwards said she never took Maner to Nashville or bought her clothes. She said it was not uncommon for her to call students' homes if they were absent excessively.

That was the extent of her relationship with Maner, Edwards said.

Attorney Chris Miller, who also represents Maner, showed jurors a letter that Edwards allegedly wrote Maner. Edwards told jurors she did not recall writing it, but she acknowledged in a deposition that it was her handwriting, Miller said.

"My wish for you is the very best that life can offer," the letter said.

A former state social worker testified that Maner told him that her mother had kicked her, thrown a cheese knife at her and threatened to hit her with a chair. She said nothing about a sexual relationship with two teachers, former state social worker R. Thad Parker testified.

Board attorney Larry C. Deener asked Parker, who was aided by his nearly 30-year-old notes, to recall all of his interviews in an investigation of the Maner household in 1978 and 1979. Deener repeatedly asked Parker whether he was told of alleged sexual abuse.

A complaint against Carolyn Maner, Carol Lynne Maner's mother, was filed in December 1978 by Beaumont science teacher Jack Russell Hubbard, whom Maner is now accusing of sexual abuse.

Maner's attorneys say Hubbard and art teacher Roberta Blackwell, now known as Roberta Walter, conspired to retaliate against Carolyn Maner for allegedly telling superintendent Guy S. Potts that she suspected the teachers were having sex with her daughter.

Walter and Hubbard were arrested last week on rape and sodomy charges stemming from Maner's allegations.

Parker closed his investigation after Carolyn Maner, who was diagnosed as bipolar and having multiple personalities, was briefly hospitalized and the family went through months of family counseling.

Parker said he noticed that Carol Lynne Maner was withdrawing from the family, taking a separate vacation with Walter and becoming increasingly attached emotionally to her. He wrote in his notes that it led him to be concerned about the girl's sexual preferences.

"I'm not sure if this is an issue I should be concerned with, though," Parker wrote.

And from today's Herald-Leader:

Psychiatrist doubts Maner claim

A psychiatrist attempted to cast doubt yesterday on Carol Lynne Maner's claim that she was raped by a drama teacher in Lafayette High School's auditorium in the early 1980s.

When Maner filed her sex-abuse lawsuit against the Fayette County Board of Education in 2003, she said in an interview that she had "a friendship, an emotional relationship" with Robert Gardner, a former Lafayette teacher and retired Tates Creek High School principal.

But a year into the lawsuit, Maner filed an affidavit by former student Tom Wayman, who claimed that he witnessed Gardner rape Maner in the Beeler Auditorium. Wayman has since died.

Maner said that she had forgotten about the alleged incident and that Wayman's affidavit brought back vivid memories.

"Here's the problem with that for a psychiatrist," said Dr. Robert Granacher, an expert witness for the school board. "This isn't how the human memory works. The human memory is very explicit in that the more emotional an event is, the more likely you are to remember it."

Throughout the trial, Maner's attorneys have said she is not claiming that the alleged memories were repressed. Maner said in a recent interview she had not thought of the alleged incident as being a rape until Wayman described it that way.

Gardner has denied all accusations against him.

Granacher testified that Maner does not have post-traumatic stress disorder as she and a psychologist have claimed. He said the disorder occurs only in people who have experienced a life-threatening event.

Maner claims that the school district ignored allegations that Gardner, three teachers and two administrators at Lafayette and Beaumont Junior High School sexually abused her in the late 1970s and early 1980s.

Closing arguments are scheduled for this morning.

Thursday, July 12, 2007

Plaintiff rests in 30-year old Fayette County Sex Abuse case

After introducing a witness who testified he had sexual relations at age 14 with a Beaumont Junior High School art teacher, Carol Lynne Maner rested her case Thursday in her sex-abuse lawsuit against the Fayette County Board of Education.

The trial continues Tuesday with the school board presenting its case if Circuit Judge Thomas L. Clark overrules the defense’s motion to enter a verdict in its favor. Clark indicated he would rule on Tuesday.

Maner alleges that the board ignored allegations of sexual abuse committed by four teachers, a guidance counselor and an assistant principal at Beaumont and Lafayette High School in the late 1970s and early 1980s...

...A classmate and former neighbor of Maner’s testified that she told him that art teacher Roberta Blackwell, now known as Roberta Walter, “had a crush on him.”...

...He testified that he had sex with Walter at the school his eighth-grade year.

During questioning by school board attorney Larry C. Deener, the witness acknowledged that he never told school officials or police about the incident.

Deener has said that the school board was never aware of any allegations of sexual abuse and did not cause Maner’s injuries.

This from the Herald-Leader.

Wednesday, July 11, 2007

2 ex-teachers named in lawsuit arrested

Before the trial began yesterday Thomas "Beau" Goodman III reached an undisclosed last-minute settlement with the school district, said his attorney.

But when the trial began the gory details started coming out.

This from the Herald Leader; Photo by Pablo Alcala/H-L.


Former student gives her version of events

As Carol Lynne Maner took the witness stand in her sex-abuse lawsuit against the Fayette County Board of Education yesterday, police said that two key figures in the case -- both former teachers -- have been arrested and charged with rape and sodomy.

Former Beaumont Junior High School art teacher Roberta Walter, 61, (formerly known as Roberta Blackwell) was arrested Monday afternoon in Nashville and charged with third-degree sodomy and third-degree rape, Lexington police Sgt. Jesse Harris said.

A search of municipal records showed that Walter was not working as a licensed teacher in Tennessee. She retired from the Fayette County school district in May 1998.

Jack Russell Hubbard, 60, a former Beaumont science teacher who left the district in 1981, was arrested Monday in Johnstown, Pa., and charged with one count of third-degree rape and four counts of first-degree sodomy, Harris said.

Maner first came forward with the abuse allegations in August 2003 and has accused the school district of concealing evidence of a clear pattern of sexual abuse by four teachers, a guidance counselor and an assistant principal at Beaumont and Lafayette High School during the late 1970s and into the 1980s.

Attorneys for the school board say officials were never aware of any allegations of sexual abuse and did not cause her injuries. The former teachers are not named as defendants in the suit...

...On the witness stand yesterday, Maner said that Walter took a special interest in her during the eighth grade. She said Walter talked to her for hours, took her out for hamburgers and coffee, and invited her home.

"She was very maternal at first," Maner said.

Maner, 14 at the time, would confide to the teacher, then in her mid-30s, about her unstable family life, her alcoholic father and bipolar mother with multiple personalities. Walter, smoking Marlboro Lights, talked about the cute boys in her junior high classes, Maner said.

Maner, after turning 15, baby-sat Walter's daughter one night and was sleeping the next morning in a guest bedroom while Walter's then-husband, Doug Blackwell, was at work. Maner said Walter crawled under the covers and molested Maner.

The lawsuit alleges that the school board ignored allegations of sexual abuse and thus allowed it to continue, violating Maner's civil rights and federal laws prohibiting sex discrimination in educational institutions.

Attorney Chris Miller, representing Maner, introduced several letters Walter wrote to Maner...

Tuesday, July 10, 2007

Abuse suit against FCPS schools opens

WOMAN ALLEGES MOLESTATION BY TEACHERS

Carol Lynne Maner was a 15-year-old girl living in a broken home with an alcoholic father and a mentally ill mother who had a multiple personality disorder.

She lacked self-esteem and parental guidance, making her vulnerable to sexual predators who taught at Beaumont Junior High School, Maner's attorney said yesterday in the first day of trial in her lawsuit against the Fayette County Board of Education. On learning of her unstable home situation, an art teacher and a science teacher gained her and her family's trust by posing as parental figures and methodically began grooming her for sexual exploitation, her attorney said.

Maner is accusing the school board of concealing evidence of a clear pattern of sexual abuse by four teachers, a guidance counselor and an assistant principal at Beaumont and Lafayette High School in the late 1970s and early 1980s.

Her attorney, Chris Miller of Lexington, warned jurors to be prepared for disturbing details of sexual abuse that was so rampant "that you may think there is no way this could happen in this community."

"It's not going to be pleasant," Miller said. "I wish there was a way I could present this evidence to you all that would make it more palatable. But there is no way. What happened to her when she was 15 years old is beyond belief. It is despicable."

Defense attorney Larry C. Deener said the school board is not responsible for Maner's injuries. Some of the alleged abusers deny wrongdoing. Others are either dead or out of state. But, regardless of whether Maner was sexually abused, the school board was not aware of it and did not cause it to happen, Deener said.

This from the Herald-Leader.

Monday, July 09, 2007

Court test of abuse allegations starts in Fayette County today

WOMAN ALLEGES SEXUAL ASSAULT BY TEACHERS

One of Fayette County's most controversial and headline-grabbing lawsuits in recent years will go to trial today.

Nearly four years ago, Carol Lynne Maner, 44, filed a lawsuit against the Fayette County Board of Education claiming it ignored and concealed a pattern of alleged sexual abuse of her by four teachers, an assistant principal and a guidance counselor in the late 1970s and early 1980s. The allegations immediately created a shock wave and produced vehement denials by the alleged abusers and the Fayette schools superintendent in August 2003, Ken James. He said her suit "has no basis, no merit."

Since then, another former student, Thomas "Beau" Goodman III, 42, joined the suit with claims he was sexually exploited by a teacher. Maner is considering a book deal and has aggressively made her case in the local media and Court TV radio, a satellite radio station...

...To succeed, Maner and Goodman must prove more than just that the alleged abuse occurred. They face a tougher burden of proving that the school board effectively had a policy or custom of inaction when it came to sexual abuse.

The trial is likely to hinge on two central issues: who knew what and when; and whether officials with policy-making authority for the board concealed sexual abuse allegations. If they can't prove concealment, Maner's and Goodman's claims will be barred by the statute of limitations...

...The employees accused of wrongdoing or inaction are no longer employed by the school district.

Maner and Goodman are suing on two grounds. The first is that the alleged acts violated their civil rights. The second claim is that the alleged abuse effectively denied Maner her right to an education. Specifically, she says it violated the federal Title IX Education Amendments of 1972, which prohibit discrimination in educational institutions receiving federal funding...

...Police have never filed criminal charges in the case, even though Maner says she filed a report with police at the time she filed suit. Many of the sexual encounters occurred after Maner turned 16, the age of consent in Kentucky...

...Maner's lawsuit alleges seven years of sex abuse resulting in a lifetime of emotional and psychological trauma and years of drug abuse.

Maner claims that the abuse began in 1976 at age 14 when she was allegedly abused and introduced to marijuana by two Beaumont Junior High teachers. She says that when she went to a guidance counselor for help, he molested her as well.

Maner's mother reported her suspicion that a teacher was having a sexual relationship with her daughter to the superintendent at the time, Guy S. Potts. The matter was referred to a principal who did nothing to stop the abuse, the lawsuit alleges...

...The alleged abuse continued when Maner entered Lafayette High School in 1979. She claims that she was sexually abused numerous times by drama teacher Robert Gardner -- who later became a high school principal and is now retired -- and an athletics coach. She said an assistant principal also attempted to abuse her.

In previous interviews, Gardner has denied the allegations and questioned Maner's motives...

This from the Herald-Leader.
~
Before it imploded in November 2004, (amid a contentious fraud lawsuit against the publisher and copious mudslinging in the press) Lexington had a spicy tabloid newspaper called Lexington Snitch that ran an admittedly one-sided, slash and burn story on the allegations.