W.Va. mom disgusted with county prosecutor trying to dismiss failing to report abuse charges against former educators
From top to bottom, mug shots depict former teacher Christina Lester, former aide June Yurish and former aide Kristin Douty.
WASHINGTON (7News) — "I ought to backhand you right in your teeth. How is that for anxiety?" a teacher said on video.
"This one I could punch her right in her face," another teacher said.
These were the horrible comments made by teachers to special education students at Berkeley Heights Elementary in Martinsburg, WVa. that was caught on tape by Amber Pack --- a student's mother.
The 7News I-Team started to break down the investigation back in 2019. In June of this year, a judge rejected a plea deal offered to former teacher Christina Lester and former aides June Yurish and Kristin Douty. The prosecuting attorney's plea deal included dismissing charges and banning the women from ever working with disabled kids. In March, Delligatti said all the victims' parents were on board with her plea deal.
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Early next year, all three were on course to be tried under a misdemeanor for failing to report abuse. On Friday, in yet another shocking move by Berkeley County Prosecuting Attorney Catie Wilkes Delligatti, the county prosecutor asked a new judge just assigned to the case to dismiss all charges against the three women.
Reached on Friday afternoon, one of the victims' mothers, Kasey Murphy, emailed 7News about her disgust with Berkeley County Prosecutor Catie Wilkes Delligatti's Office.
Murphy says Delligatti's Office never informed her of it's intention to file a motion for dismissal.
"I am extremely upset and disgusted by the actions of the Berkeley County Prosecuting Office for the request to dismiss our case. What kind of statement is this sending to victims families? My son and the other children deserve justice!" said Kasey Murphy.
"The court also finds it unacceptable and compelling that the defendants haven't shown any remorse for their actions," said Berkeley County Circuit Court Judge Laura Faircloth at the women's last hearing.
The rejected plea deal brokered by Berkeley County Prosecuting Attorney Catie Wilkes Delligatti who four years ago decided not to file charges until the West Virginia Attorney General's office, now filed a human rights violation lawsuit against the women.
Delligatti just filed a motion today to dismiss all charges against the three women stating in a court document obtained by 7News:
"The case before the court is in [its] sixth year. It is a misdemeanor case with a maximum potential sentence of 90 days in jail with possible fine. In the 5+ years this case has been pending none of the Defendants have violated any term-of-bond. Furthermore, none of the Defendants has a criminal history. The state believes that further expenditure of resources in this matter is an unnecessary expenditure of the limited resource of the Court and the parties and will not in any meaningful way promote justice."
A new judge has also been assigned the case after Judge Faircloth removed herself from the case according to the Prosecutor's Office. Now Judge Michael Lorensen will hear the new motion to dismiss the cases on Monday, December 11.
On Friday, 7News emailed Dellgatti's Office the following questions::
1. Why after years of battling for justice for these children does your office want to stop prosecution now?
2. Doesn’t this show suspects that if you drag out hearings and court dates your office will eventually give up prosecuting crimes?
3. What do you say to the families of the victims who have also fought for years for justice for their children?
4. Your office initially decided not to prosecute the 3 women and only filed criminal charges after the West Virginia Attorney’s Office filed its civil lawsuits against the three was this your plan all along to eventually dismiss the criminal charges against the former educators?
5. The last time in court your office proposed a plea deal dropping charges in order for the three women to never be in charge or teach any child with a disability again is that agreement still in place?
Delligatti emailed Friday evening saying "In regard to your questions, I refer you to the thorough reasoning set forth in the Motion. We are grateful for the advocacy of the children’s families and for the tools we are now afforded to seek successful prosecutions with legislation that was passed after this occurred."
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Delligatti also told Judge Faircloth in court in June that the parents of the victims approved of the plea deal.
"So all the parents are in agreement in the manner of the way the state is moving forward?" asked Judge Faircloth.
"Yes, that is fair to say. I think everyone agrees it's not the outcome in a perfect world but recognizes that we have more tools moving forward because of this case," added Delligatti.
Kasey Murphy, a victim's mother, spoke up in court and said she doesn't agree to Delligatti's plea deal and wants a jury to decide justice.
"I just want some sort of justice out of this for closure for my son and the other victims' families and if that is a guilty verdict then that is what my family wants," said Murphy.
If the motion for dismissal isn't granted all three women are expected to head to a jury trial in January. If convicted they could spend 90 days in jail and pay a fine.
All three are also facing a civil lawsuit filed by the West Virginia Attorney General’s Office for injunctive relief and civil penalties under the West Virginia Human Rights Act.