Both attorneys agreed that it's a simple case. And they further agreed the plaintiff deserves damages in the form of money.
But that's where their agreement ended Monday during opening statements in a civil lawsuit against the Kern High School District, a few district employees and the family of a one-time high school student with the mental capacity of a 4-year-old.
"This case revolves around two questions," veteran Bakersfield attorney Daniel Rodriguez told the 12 jurors and three alternates.
The first question is "whether a school district can ignore its safety guidelines," he said.
The second is whether a school district "can be allowed to downplay the trauma inflicted" on one of its special-needs students by another special-needs student.
But the defendants' attorney, Dominic Quiller, took a different tack in representing the targets of the lawsuit.
"On behalf of them, we're sorry about what happened," he said to the jury and Kern County Superior Court Judge Bernard C. Barmann Jr.
The incident in question happened midmorning, May 22, 2018 in a special education classroom at Centennial High School in northwest Bakersfield.
What happened that day isn't really in dispute, although some details and the degree to which it harmed a then-16-year-old autistic student is at the center of the case.Â
The full names of the two teen boys are not disclosed in the lawsuit. The 16-year-old autistic student is referred to as Brandon, while the then-16-year-old boy with the intellectual capacity of a 4-year-old is called Alex.
According to Rodriguez, what happened to Brandon was a "known risk," because Alex's uncontrolled behavior had already been fully documented, which is why he required a one-on-one classroom aide, a professional dedicated to being in close proximity to Alex throughout the school day, keeping an eye on him and being on the spot when Alex became inappropriate or aggressive.
But the aide is due a lunch break and two shorter breaks through the day — and in this moment on this day, both sides agree that the one-on-one aide had gone to lunch without having a substitute one-on-one aide there to fill in.
"Now let me tell you what happened," Rodriguez said to the jury.
It was 10:45 a.m., about the time of day when Alex's aggressive behaviors tended to reach their peak.
There's a bathroom in the classroom which locks from the inside, and Brandon goes inside, Rodriguez said.
"He's standing in the bathroom washing his hands. Alex steps in, turns, and locks the door."
Suddenly, Alex is on Brandon, trying to kiss him on the lips.
"Stop! Stop! Get off me!" Brandon cries out.
Alex tries to pull Brandon's pants down, but they only slide down about an inch.
Alex tells him, "Be quiet," Rodriguez said. But Brandon, in what Rodriguez called an "autistic flurry," continues to protest.
In the meantime, classroom employees are trying to gain entry.
"Nobody has a key," Rodriguez said.
The ordeal lasts two minutes, according to estimates from the adults in the room. Rodriguez thinks it may have been longer.
He faults the district's training, he accuses the adults involved of ignoring the rules. And he is astonished that no one appeared to have a key to a locked bathroom.
He said their stories changed between the initial interviews they gave police, written reports, and sworn depositions given later.
Brandon has since been diagnosed with post-traumatic stress disorder, Rodriguez told the jury. He could not go to the bathroom at home without his dad standing at the door.
At a graduation ceremony months later, Alex was seated next to Brandon.
"The school district not only failed Brandon, they failed Alex," Rodriguez said.
But Quiller took issue with Rodriguez's criticism of the level of training and professionalism possessed by the teachers, aides and administrators.
And Quiller pointed out what didn't happen in that locked bathroom.
There's was no bruising, no blood, no scratches, no torn clothing, he said.
But the aide was not there, and that's a clear failure. But there was no failure in the training of these special education professionals, he said.
Alex was left without his one-on-one aide, but there were other adults in the room.
"This incident was not a failure to train," he said. Rather, it was a miscommunication.
At the end of the trial, "I'm going to ask you give Brandon some money," he told the jury.
But it could be significantly less than the amount Rodriguez will be seeking, which has not been revealed.
Testimony is scheduled to continue Tuesday.
