Thursday, November 25, 2010

Update: Special Education Arrests In Pahrump

There have been several new developments in the case where a principal, speacial education teacher and two special education teacher aides were arrested in Pahrump.
Bail has been raised from $35,000 to $100,000 on the defendants.
From the Pahrump Valley Times: "Nye County Sheriff’s deputies stand by their arrests of four Floyd Elementary school employees Tuesday on multiple counts of child abuse, saying that more evidence was uncovered by their investigation on Wednesday.Although no additional charges were filed, the four women — Principal Holly Lepisto, 53, teacher Sarah Hopkins, 52, and special education aides Phyllis DuShane, 73, and Kathryn Cummings, 56 — saw their bail almost tripled to $100,000 by Justice of the Peace Tina Brisebill on Wednesday.The judge released DuShane for medical reasons, but the three others were in custody as of press time.The Nye County School District has started an internal investigation and has suspended all four women as well as a fifth, unidentified aide, officials said.Ed Lepisto, the principal’s husband, was hoping to get his wife out of jail before the holiday, working with a bail bondsman as well as with local defense attorney Jason Earnest to secure her release. He said that the bail increase only added to the shock of the past 24 hours.“We’re all in shock. The community is in shock. Police officers who were at the scene were in shock,” the principal’s husband said".
Further: "The Pahrump Valley Times requested the criminal complaint and police reports, called deck sheets, from Sheriff Tony DeMeo and officials at the Pahrump Jail. Those records were not made public. Brian Kunzi, the county’s new district attorney, says criminal complaints will likely be filed on Monday. According to a press release made available Tuesday, Holly Lepisto was arrested for conducting “an extremely poor investigation” when a complaint was made to her about the manner in which Hopkins was punishing a student."
http://pvtimes.com/news/update-bail-raised-to-100000-police-say-evidence-mounts-against-educators/
So, the defendants are going to be in jail over the holidays, not knowing what criminal complaints will be filed against them. I'm not even sure this is legal.
The cops are putting out a lot of innuendo but have nothing of substance so far. The principal is accused of conducting a half hearted investigation, but perhaps she didn't see any abuse when she did investigate.
Further, we don't know what is in the IEP's of the students involved. An IEP is a yearly service plan that discusses the student's abilities and goals for the next school year.
From the Cops perspective: "DeMeo defended the arrests.“These allegations are crimes committed against people who could not defend themselves. There’s a lot more to it,” he said. “There is validation in this investigation to the allegations.”Asked if the police recovered any videotaped proof of the abuse — cameras are located inside and outside of Floyd Elementary — DeMeo said there wasn’t. The investigation, which was launched only a few days ago, started when “someone, who told someone, who told someone, who told a police officer,” the sheriff said. After that, “it unraveled.” (same article)
So, what the cops are saying that they heard through 3 lines of heresy and then put together a case.
I have several questions about this case so far:
1. Why haven't we heard any facts about the case? Lots of talk but no facts.
2. What is the functioning level of these students and how did the police interview them?
3. Where there marks left on the children and where is the proof the staff members put the marks on the child,
4. What was in the child's IEP concerning behavior?
5. Who were the witnesses?
6. Was this classroom a self-contained classroom where the kids stay in this particular class all day or where the kids in a regular education classroom or a combination of the two?
7. Who made the initial complaint?
8. Who did the investigation? Police? Child Protective services? Strangers or people familiar with the students?
9. How come were will not here what is in the complaint until Monday or Tuesday? Doesn't this violate the defendants rights?
10. Who raised the bail to $100,000- a judge? Was there a hearing and if so, what was said at the hearing? what was the rational of the increase of the bail? Did the DA think that the three remaining jailed subjects are a flight risk or a danger to the community? If so why?
11. Why were the teacher and aides out of school on the day there were to be arrested?

Again, as a special education teacher, working with students who are severely disabled, I find this case troubling. There are a lot of questions that need to be answered, by both sides, but especially by the police and DA, as the proof is on them.

3 comments:

  1. I am a parent who volunteered in the room across the hall from these children. My son was in early education at the time for speech therapy and some minor behavioral issues associated with that. I have never once seen any abuse despite the teachers being kicked, hit, things thrown at them and spat upon. I do not think that people realize these children need to be taught in a different manner. Not an abusive manner but you need to be more hands on. You may have to lift a child who will not move or put your hand over their mouth when they are spitting at others. The doors have always been open to Mrs. Hopkins rooms and the children take part in recess with other non special needs student. I am appalled by the way this was handled. Escorting the principle out of the school in handcuffs while children watched was really excessive. How do I explain this to my child? I want more facts plain and simple.

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  2. Tina Brisebill is not a Judge, she is a Justice of the Peace, furthermore she is not familiar with the NRS the way an attorney would be, she holds no law degree.

    We have finally been blessed with a District Attorney that will not be bought off nor will he be intimidated and therefore I believe that the truth will surface.

    I have known Phyllis DuShane for almost 18 years now and even though we're not as close as we once were, I find it impossible to believe that she could commit any kind of "crime" against a child.

    I sincerely hope this "event" brings about some very needed internal investigations to both the NCSO and the Courts. I have lived here almost 18 years now and the only Authentic Judge I know(and I know the Judges and Justices all personally), is Judge Davis.

    Barring the Thanksgiving Holiday weekend, I hope Justice is served swiftly.

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  3. Thank you both for writing.
    To anon- you are correct, when you work with the sevrely disabled, you do have to be hands on. It might be hand over hand assistance, or in cases of behavior, you can put your hands on a child to protect yourself, other children or themselves.
    It is also sad that the aide is the only one left in jail. She makes maybe a couple of dollars over minimum wage, doesn't have a set salary and works maybe 9-10 months a year. She has the least culpability, yet she is still jail while the teacher and principla are out.
    There are a lot of things bothering me about this case and I hope justice is served, one way or another.

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