Miramonte abuse case: LAUSD's move to bring up immigration status angers lawyer

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Thursday, October 9, 2014
Miramonte abuse case: Lawyer angry at LAUSD's immigration move
LAUSD lawyers have asked to allow the immigration status of victims' families in the Miramonte child abuse case to be brought up in court.

DOWNTOWN LOS ANGELES (KABC) -- Los Angeles Unified School District lawyers have asked a judge to allow the immigration status of victims' families in the Miramonte child abuse case to be brought up in court.

In court documents, district layers wrote: "To the extent the plaintiffs in this lawsuit seek loss of earnings or lost wages, their immigration status is directly relevant to the determination of their potential for future earning capacity and, thus, is relevant to the determination of damages."

Attorney Luis Carrillo represents more than two dozen victims in the Miramonte case. He's angry at LAUSD's move.

"This is just another dirty tactic to try to pressure the parents to accepting the crumbs that the parents have already rejected," Carrillo said.

Carrillo says a judge could rule on the issue by the end of the week.

"The school district has not and does not intend to raise immigration status in this case unless first raised by the plaintiffs. The lawyers for the school district have an ethical obligation to preserve our right to present a complete story to a jury, protect taxpayer dollars and safeguard educational resources for the more than 600,000 students served by Los Angeles Unified," LAUSD spokesperson Sean Rossall said in a statement to Eyewitness News.

The civil suits stem from the Miramonte Elementary School child abuse scandal. Former teacher Mark Berndt pleaded no contest in November to 23 counts of lewd conduct on a child.

He's now serving a 25-year sentence. The district has already settled 60 claims for $30 million. There are still about 70 claims waiting to go to trial.

The first few cases will go to trial next month. Jury selection is expected to begin at Los Angeles County Superior Court Nov. 4.