Judge dismisses charges against 3 former W.Va. educators charged with failure to report abuse

MARTINSBURG, W.Va. (7News) — Criminal charges have been dismissed against three former educators in West Virginia after disturbing comments made to students in a special education class at an elementary school were captured in a secret recording.

It leaves one of the students' mothers, Kasey Murphy, reacting strongly to the judge's decision.

‘I'm truly at a loss for words. The way court went Monday I really thought the Judge would've done the right thing and let this go to trial. I know what's on that recording and its pure evil what they did to my son. My family is deeply sadden with the news," said Kasey Murphy, mother of a student in the classroom during the time of the secret recording.

Another student's mother recorded the comments in 2018 that led to the failure to report abuse charges being filed against Christina Lester, June Yurish and Kristin Douty.

Five years ago, multiple students who attended a special needs class at Berkeley Heights Elementary School in Martinsburg, West Virginia were subjected to disturbing comments.

"I ought to backhand you right in your teeth. How is that for anxiety?"

"I'll punch you in the face."

"I am going to pull her hair until you start crying."

On Friday, Berkeley County Circuit Court Judge Michael Lorensen agreed with the Berkeley County Prosecutor's Office that it would be too costly to head to trial when the maximum penalty would only be 90 days in jail.

In the judge's decision, he wrote:

"Upon examination of the materials furnished to the Court and in consideration of the issues raised by counsel, the Court can appreciate the difficulties given the requirements of a criminal trial, where the State is burdened to produce witnesses with personal knowledge of the facts on which the prosecution is founded, the accused has a right to confront witnesses, the State has the obligation to prove guilt under the charged statute beyond a reasonable doubt, the ultimate admissibility of a non-consensual recording, the possible factual defenses of persons other than the speaker, the challenges of requiring an offender to self-report an offense[3], and a rule of evidence which requires that a party opposing evidence to request such additional parts of a recording to be played to the finder of fact which ought, in fairness, be played[4], the Court is persuaded that the prosecuting attorney’s decision to forego the expense of public prosecution and let the matter proceed in the collateral civil matter brought by the Attorney General is consistent with the public interest and consistent with the fair administration of justice."

READ | Disturbing audio recording made inside an elementary school classroom in West Virginia

On Friday, 7News reached out to Delligatti but didn't receive a response.

Earlier this month, a shocking move was made by Berkeley County Prosecutor Catie Wilkes Delligatti asking a judge to dismiss all criminal charges against the three women.

Delligatti said in the motion filed with the court the state believes that further costs of resources are unnecessary and will not in any meaningful way promote justice.

On Monday afternoon, Berkeley County Circuit Court Michael Lorensen said he needs to go over all the evidence in the case before deciding to grant the dismissal or head to trial in January.

At the time, Murphy said she was happy the judge was asking important questions.

"I am happy with what happened. I think he took in[to] consideration of all the evidence, and he is going to take the time to review all the evidence before making a decision," said Murphy.

Judge Lorensen said through discovery he would determine if the eight hours of recordings and statements made to students rise to a crime and go along with the public's interest in justice.

Murphy said Delligatti's office never informed her about its motion to drop all charges against the three women.

"So hopefully we go to trial in January, and they get in trouble for their actions," added Murphy earlier this month.

The three women were scheduled to be back in court on Tuesday where the judge would decide to either dismiss the charges or continue to trial on Jan. 22. The January hearing has now been canceled due to the judge's ruling to dismiss the case.

7News has on multiple occasions asked the three women for comment but has not received a response.

All three women still face a civil lawsuit filed against them by the West Virginia Attorney General's Office in connection to the audio recording. Their next court date to face those allegations is Friday, Feb. 9.