West Virginia judge wants more time on motion to dismiss failure to report abuse charges

MARTINSBURG, WVa. — 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 made by educators.

"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."

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

These horrible comments and others were allegedly made in 2019 by former educators Christina Lester, June Yurish and Kristin Douty. It led to misdemeanor charges against all three of failure to report abuse which carries a potential fine and 90 days in jail.

Ten days ago, 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 the state believes that further costs of resources is an unnecessary one 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.

Kasey Murphy, one of the victims’ mother said she's happy the judge is 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 will 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.

The three women will be back in court in Martinsburg on Tuesday afternoon where a judge will decide to either dismiss the charges or continue to trial on Jan. 22.

All three still face a civil lawsuit filed against them by the West Virginia Attorney General's Office in connection to the audio recording.