Sonoma County Jury Hits ‘Becoming Independent’ With $6 Million Verdict for Enabling Sexual Abuse of Developmentally Disabled Adult

Jury Rejects Care Agency’s Shameful Tactics to Blame the Victim’s Sister and Exploit the Lack of Criminal Charges.

Following a month-long trial in the courtroom of the Honorable Jane Gaskell, a Sonoma County jury returned a verdict yesterday, unanimously finding Santa Rosa-based care provider Becoming Independent (BI) negligent in the supervision and care of Brian Doe, a highly vulnerable intellectually disabled 53-year-old adult. The jury awarded Mr. Doe $6 million in damages for the severe psychological trauma he suffered after an in-home caretaker employed by BI sexually assaulted him and attributed 80% of the fault to BI.

Plaintiff’s trial attorneys Mark Boskovich and Lauren Cerri successfully argued that BI consistently violated its own safety protocols and California state mandatory reporting laws. According to court records, BI hired caregiver Andrew Martinez despite egregious, unchecked omissions on his resume and subsequently placed him under the immediate supervision of his own aunt, an administrator within the agency. This was in direct violation of the company’s employment of relatives’ policy which was designed to prevent nepotism. BI then assigned Martinez to overnight shifts with Mr. Doe whose mental functioning is that of a five-year-old child.

The trial exposed severe systemic failures within the agency. Weeks prior to the disclosure that Martinez had raped Brian, another BI caretaker witnessed physical injuries on Brian and heard him describe Martinez as a “bad man” while gesturing that he had been choked. In violation of California mandatory reporting laws, that employee failed to report the suspected abuse, leaving Martinez free to continue his assaults. The abuse was finally discovered after Mr. Doe’s sister and conservator witnessed Martinez masturbating in Brian’s home on an in-home safety camera and immediately summoned the Sonoma County Sheriff’s Department to remove him from the premises

Throughout the month-long trial, Becoming Independent mounted an aggressive defense, denying that any assault had ever taken place. The defense pointed to a lack of physical findings from the forensic sexual assault examination and lack of DNA evidence in support of its argument that Brian was not abused.  Furthermore, BI attempted to escape liability by accusing Brian’s sister, Musetta, of fabricating the entire story in a cynical bid for financial gain.

“This verdict is vindication for Brian and Musetta, who endured disgraceful defense tactics that sought to scapegoat a protective sister for her brother’s victimization,” said plaintiff’s counsel Mark Boskovich. “Brian’s story underscores a tragic reality: individuals with developmental disabilities face a staggering, disproportionate rate of sexual abuse precisely because perpetrators and negligent corporations believe they cannot articulate the harm done to them. The jury saw through the corporate denial and sent a clear message that organizations trusted with the care of our most vulnerable citizens will be held fully accountable.”

Medical testimony confirmed that the assault fundamentally altered Mr. Doe’s simple, joyful life, resulting in a diagnosis of Post-Traumatic Stress Disorder (PTSD).

“Brian communicated the horrific truth the only way he could—through his drawings, props, and simple phrases,” noted Boskovich. “This jury believed him, protected his dignity, and delivered the justice he deserved.”

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