The families of seven girls who were molested by a former janitor at Torch Middle School have sued him and Bassett Unified School District, lawyers for the victims announced Thursday.
In addition to ex-janitor Michael Anthony Barry and Bassett Unified, there are 20 other defendants listed, but not identified, in the civil lawsuit. Although there is no exact amount of money being sought mentioned in the lawsuit, the victims and their families are seeking damages, the cost of the lawsuit and additional amounts the court deems just.
Three parents of victims talked about what befell their children at a Thursday press conference announcing the lawsuit. Their lawyers identified them only as “John”, “Sonia” and “Maria”.
Maria said her then 12-year-old daughter was walking in a hallway at school with a friend when Barry stuck his hand in her daughter’s pocket and started touching her. Her daughter pulled away, asked Barry what he was doing and went to the school office, Maria said.
Her daughter told her what happened. Maria was going to head to the school the next morning when she received a call from a detective.
“He had no right to put his hands on my daughter,” Maria said. She said he should not get out of prison so no one else can suffer.
She added that she’s scared sometimes to send her daughter to school. She feels her daughter is not protected.
“To this day, (the district) hasn’t apologized or anything,” Maria said.
John’s daughter was 13 and a student aide at the school office when Barry would come around. He grabbed her ankle and tugged at it, according to John. Barry also ran his hand up to her knee.
He said it happened in front of a nurse who laughed it off.
He said his daughter fought off Barry. He added that there were other incidents. Barry was trying to to hold his daughter’s hand and was trying to pull her hair.
“Our kids changed. My daughter was always open, spunky,” he said.
His daughter didn’t want to eat or sleep and didn’t want to leave her room. She is slowly starting to be normal again, he added.
He said he never received a letter from the school. John said he got a recorded call from the school that a staff member was removed from the school for inappropriate conduct.
John attended Barry’s sentencing Tuesday, Dec. 11. He said Barry and he made eye contact but the former janitor said nothing. John told Barry’s family he wanted to apologize to them because they were victims, too.
Sheriff’s detectives arrested Barry last year. He was sentenced Tuesday to 14 years in prison for inappropriately touching eight girls at Torch Middle School in Industry. He took a deal and pleaded no contest on Nov. 8 to five felony counts of lewd act upon a child, five misdemeanor counts of child molesting and one misdemeanor count of contributing to the delinquency of a minor.
“Fourteen years is not enough. Our daughters will live with this for the rest of their lives,” John said. “I hope he is sitting there (in prison) regretting what he did every moment of his life.”
Bassett Unified Superintendent Debra French did not address the allegations made in the civil lawsuit.
“The 14-year sentence provides a judicial outcome for the acts committed by our former employee. Bassett Unified continues to focus on ensuring the safety and well-being of our students and community,” French said in the statement.
Most of the victims were molested between August 2016 and May 2017 while one victim was molested from August 2014 to June 2015, according to the prosecution. The girls ranged in age from 10 to 12.
“We are here to seek justice and to ask the community to come forward,” said Michael Carrillo, lead attorney for the victims and their families. “We know there were victims in years past.”
He said the lives of these girls were affected. Some contemplated suicide, he added.
Michael Carrillo said Barry used chips and candies to lure students to the janitor’s room where he would touch them inappropriately. He said Barry also gave marijuana to a victim.
Barry is being sued for sexual harassment, sexual assault and sexual battery. Bassett Unified and the defendants not identified in the lawsuit are being sued for negligent supervision of the victims, negligent supervision of Barry and negligent hiring and/or retention of Barry.
The lawsuit, filed Wednesday at Los Angeles Superior Court, alleged that the district, its administrators and staff failed to report what Barry did and concealed from students, parents, teachers, law enforcement facts and information that would have brought Barry to justice as well as protect minors in their care.
The district did not have in place a system or procedure to investigate, supervise and monitor teachers and staff to prevent sexual abuse of the students; nor did the district implement procedure to oversee conduct towards students in its care, according to the lawsuit.
The lawsuit alleged that students, law enforcement and parents told the district of inappropriate conduct by Barry. Staff and administrators allegedly knew about the conduct but did nothing to stop it. The district had a duty to the victims not to retain Barry, the lawsuit alleged.
Ralph Rios, who is also one of lawyers in the civil lawsuit, said all the victims were girls under 13 and that the molestations occurred on campus during daylight hours. He said Barry inappropriately touched students in the janitor’s room and at other locations on campus.
“He had run of the campus. He was there for 16 years,” Rios said.
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