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- Written by: Elizabeth Larson
EDITOR’S NOTE: This story contains information that is not appropriate for young readers.
THIS STORY HAS BEEN UPDATED WITH NEW INFORMATION FROM THE DISTRICT, WHICH NOW HAS OFFERED COMMENT ON THE CIRCUMSTANCES.
MIDDLETOWN, Calif. – A young girl’s allegations that she was sexually abused by fellow students at a local elementary school will go to trial at year’s end.
Last May, a lawsuit on behalf of the girl and her guardian was filed against the Middletown Unified School District in civil court, according to court documents.
The girl and her guardian allege that in April 2010, while she was attending Minnie Cannon Elementary School – which educates students from grades kindergarten through sixth – she was sexually assaulted by several fellow students.
At the time of the alleged assaults the girl was 6 years old. Case documents indicated that the girl – who is now 8 years old – now lives with her guardian outside of Lake County.
Both sides had agreed to mediation, however, during a case management conference on Feb. 14, Lake County Superior Court Judge David Herrick scheduled the case for a nine-day trial beginning Dec. 5.
“I’m not going to comment on it,” said Dr. Korby Olson, Middletown Unified’s superintendent, explaining that it is a case of pending litigation.
He added, “The claim was there. We denied the claim and so it went into the court.”
The school district’s attorney and the attorney for the plaintiff, Grace Chang of the Cifarelli Law Firm in Santa Ana, have not responded to Lake County News’ requests for comment on the case.
The suit alleges that the girl was “sexually molested, assaulted, battered, inappropriately fondled and forced to give oral sex” to as many as 50 unnamed defendants who she alleges were fellow students. However, the district said only three students were alleged to have been involved and the large number of defendants – 50 – was named because the discovery process is not yet finished.
The assaults are alleged to have taken place during school hours behind a shed near the school’s basketball courts, case documents explain.
In a letter sent out to parents last year, school Principal Dan Morgan said it was brought to his attention on April 26, 2010, that “several students in our lower grade levels had engaged in and/or witnessed inappropriate sexual contact between students during school hours.” Specific details of the allegations, he added, had to be kept confidential.
In the suit it’s alleged that Middletown Unified was negligent in supervising its students, as well as the staff members who it’s alleged should have prevented the assaults. Fifty unnamed district employees also are listed as defendants.
The shed behind which the assaults are alleged to have taken place is called a “reasonably foreseeable risk” to students in the case documents.
The suit seeks general damages; special damages such as the loss of future earnings, and costs to cover medical and psychological care for the girl; legals costs; and other damages that the court deems appropriate.
Middletown Unified filed a subpoena for the report made about the alleged assaults to the Lake County Sheriff’s Office.
The County Counsel’s Office, on behalf of the sheriff’s office, entered a motion to quash that subpoena.
County Counsel Anita Grant told Lake County News that the motion to quash was based on the sheriff’s office’s obligation to maintain reports of abuse as confidential unless ordered by a court to disclose them.
She said those confidentiality requirements are imposed as a result of the Child Abuse and Neglect Reporting Act, which can be found in California Penal Code Sections 11164 through 11174.3.
At the Feb. 14 hearing, Judge Herrick ordered the sheriff’s office to produce the documents within 10 days of the hearing.
Grant said the records were produced in a timely manner in accordance with Herrick’s ruling.
E-mail Elizabeth Larson at
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- Written by: Lake County News reports
LAKEPORT, Calif. – Lake County Live! returns to the Soper-Reese Community Theatre for its third outing on Sunday, March 25.
The show begins at 6 p.m. and is broadcast live on Lake County Community Radio KPFZ 88.1 FM and streamed on the web as well.
Created and hosted by Doug Rhoades, Lake County Live! is a one-hour radio broadcast from the theater in front of a live audience.
The show was conceived as a venue for local musical talent and creative writers, with an audience beyond the walls of the theater.
“Our goal is to provide great music and humor and really showcase the variety of talents we have here in Lake County,” said Rhoades. “The show is dynamic in that we’re putting on a radio program in real-time, so we have to move right along with every program.”
Past shows have featured talents such as Polecat Rodeo, Three Deep, EarReverence, Travis Rinker, Michael Barrish with Scott Sommers and Vim Natura.
This third program for LCL! features the musical group “Uncorked” performing music influenced by Ireland and bluegrass. Group members are Dennis Hadley, Andi Skelton, Don Coffin, Eleanor Cook and Dan Harris.
Andy Rossoff, will perform on the keyboard. He said, “I grew up on rock’n’roll in the 60s and 70s but my tastes and song list cross many genres, from pop and soul ballads to blues to folk to an occasional country tune.”
Returning silliness includes the Dogs of Clear Lake, the Ladies of the Lake and a word from the American Society of Allied Procrastinators, plus some interesting surprises.
The show starts at 6 p.m. on the last Sunday of each month at the Soper-Reese, with doors opening at 5:30 p.m.
“We hope everyone will be in the theater and seated by 5:45 p.m., as we talk with the audience for a few minutes before the 6 p.m. start,” said Rhoades. “Because we’re live, that 6 p.m. start is vital. We don’t have 20 seconds leeway, we have to hit the mark coming in and going out.”
Tickets are available at the Soper-Reese Community Theatre box office on Fridays from 10:30 a.m. to 5:30 p.m. and at the Lake County Travel Center, 1265 S. Main St. in Lakeport.
For the first time, ticket price will be $5.
The show is produced with the support of the theater, Lake County Community Radio KPFZ 88.1 FM and Lake County News, as www.lakeconews.com .
For more information and pictures of past performances, visit www.lakecountylive.com or www.facebook.com/LakeCountyLive , or email
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- Written by: Lake County News reports
Sen. Noreen Evans (D-Santa Rosa) will host an Internet town hall Wednesday, March 21, from 6 p.m. to 7 p.m.
Those wishing to submit questions prior or during the show can do so through her Web site at www.sd02.senate.ca.gov/townhall .
Evans is author of SB 974 (Park Closure Audit) and SB 1078 (Parks Revenue Generation Act).
Along with Evans, the call will feature Caryl Hart, chair of the California Parks & Recreation Commission, and executive director of the Sonoma County Regional Park System.
Evans and Hart will provide an overview of the state park closures proposed by Gov. Jerry Brown – which go into effect July 1, 2012 – as well as discuss the roles of nonprofits and local governments, privatization and concession agreements and what people can do to keep state parks from closing.
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Napa, Solano and Sonoma.
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- Written by: Lake County News reports
A Humboldt County attorney has been convicted of violating his felony probation, resulting from prior land use violations in 2011.
Last week Kenneth Bareilles was sentenced in the the case, which was prosecuted in two days by Deputy District Attorney Christa McKimmy of the Consumer and Environmental Protection unit, according to the California Department of Fish and Game.
He was convicted on Feb. 15, the agency reported.
"This is a significant victory for California’s natural resources,” said Department of Fish and Game Warden Jackie Krug. “As illegal rural development increases each year, so do sediment pollution, stream barriers and the clearing of timber and riparian vegetation. The impacts to our forests and our salmon and steelhead populations are now on a scale not seen in decades.”
The case broke open in the summer of 2011 when DFG Warden Joshua Zulliger responded to a complaint of illegal grading activity on a subdivision owned by Bareilles.
Upon inspection, Zulliger found numerous land-use violations impacting fish and wildlife, including a tributary to Redwood Creek that is designated as critical habitat for steelhead trout.
From there, DFG launched an investigation with Zulliger, Environmental Scientist Jane Arnold and Krug.
Arnold prepared an analysis of the risk to aquatic resources which documented the impact of road construction, soil stock piled next to or in the stream channels, removal of riparian vegetation and poorly installed stream crossings.
DFG then filed a formal complaint against Bareilles and he was convicted.
During a storm this past January, the team then returned and witnessed sediment entering streams and flowing downstream toward Redwood Creek during the salmon and trout spawning and rearing season.
As the rain continued, video was taken of an estimated 10 cubic yards of sediment becoming saturated and flowing like lava into one of four affected streams on site.
At a sentencing hearing last Thursday, March 15, Bareilles submitted a signed streambed alteration agreement with DFG, as ordered by the court.
Judge Schafer denied Bareilles’ request to reduce his felony probation to a misdemeanor. He also was ordered to comply with the streambed alteration agreement to help restore the site.