Suit Claims Autistic Boy Was Bullied by School Aide

A 10-year-old autistic child at Valley View Elementary School was bullied and physically abused by an instructional aide for six weeks, leaving him with post-traumatic stress disorder, an attorney told a jury Thursday.

Lawyer Robert Tourtelot, on behalf of Evan Adger, said in his opening statement in the trial of the youngster's lawsuit that both the LAUSD and Inclusive Education and Community Partnership -- the company that hired aide William Walsh and assigned him to Valley View -- failed to properly supervise the 28-year-old employee.

The alleged mistreatment of the boy reached its worst point when Walsh repeatedly hit Evan on one hand with the lid of a pink pencil box on Feb. 26, 2010, Tourtelot said.

"Evan was abused by someone who should never been allowed near him," Tourtelot said.

However, LAUSD attorney Jason Booth told jurors that Los Angeles police investigated the pencil box incident and did not even find a scratch on the boy's hand.

Lawyer Margaret Holm, on behalf of IECP, said the company did a thorough background check on Walsh before hiring him.

The lawsuit was filed against the district and IECP in February 2011 on Evan's behalf by his mother, Elizabeth Adger, sat in the courtroom audience during the proceedings. The alleged abuses of Evan happened in January and February 2010, while he was a fourth grade student at the charter school.

Walsh originally was a defendant in the case, but the plaintiff's lawyers recently dropped their individual allegations against him.

According to the plaintiff's court papers Walsh frequently yelled at Evan, hit him on the back of the head and threw him against a wall. Walsh repeatedly told Evan he was "worthless," the plaintiff's court papers state.

Tourtelot told jurors that the pencil box incident was witnessed by Robin Randall, herself the mother of an autistic boy. He said she will testify that Walsh violently struck Evan with the pencil box lid.

Tourtelot said Evan's teacher had an obligation to know about Walsh's alleged actions and reported him.

Evan was diagnosed as having PTSD by psychologist Jeffrey Wood, Tourtelot said.

Booth said the evidence will show Evan was a disobedient child who refused to do many of his assignments, including his teacher's instructions to work on a daily journal project.

The boy often pretended to be sick and unable to do his school work, Booth said.

"This was a routine with him," he said.

At worst, Evan was pinched by the pencil box lid during the incident with Walsh, Booth said.

"Evan turned this into a major event," Booth said.

Holm told jurors that Walsh tried to set goals for Evan and that he was suited for the job.

"He had beyond the requisite qualifications," Holm said.

However, Holm added, "I don't think he had much experience dealing with autistic children."

Holm acknowledged that Randall's account of the pencil box incident sounded serious.

"I don't know what happened on Feb. 26," she said.

However, she said Evan testified in a deposition about the pencil box incident and that his recollection of the incident made it sound less violent than the account by Randall.

She also said her clients had no previous complaints about Walsh.

-- City News Service