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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The lawsuit claims USA Swimming manipulated background check procedures as a method of covering up Hutchison’s actions and mishandled the investigation into the allegations against the swim coach.

Kukors Smith is a 2012 Olympian. Mr. Allard stated in a press conference that the goal of the lawsuit was to force USA Swimming to “accept responsibility for allowing, and in fact, enabling a known predator coach to molest for almost a decade sexually, my client Ariana Smith…”

Protecting Pedophile Coaches Prevalent

Attorney Robert Allard has been involved in litigation against USA Swimming for nearly a decade, claiming the “culture of protecting pedophile coaches” is so prevalent in USA Swimming that the only solution is to “…blow it all up and rebuild it from the ground up.”

The civil lawsuit also names former Olympic swim coach, Mark Schubert, for his failure to report reasonable suspicion of child endangerment or child abuse. Schubert coached Kukors Smith at the 2006 Pan Pacific Championships and 2007 World Championships in Australia. It is during this time which Hutchison is alleged in the lawsuit to have been openly engaged in inappropriate behavior, such as kissing, cuddling and hugging, with Kukors Smith.

Ariana Kukor-Smith Claims Hutchison “Stole” from Her

In an interview, Kukor-Smith claimed that Hutchison stole her swimming career, her virginity, her college experience, her Olympic dream and even her friendships and that while organizations like USA Swimming could “deter, detect and discipline sexual abuse,” they have done nothing other than protecting their public image.

https://www.seattletimes.com/sports/olympics/federal-ways-ariana-kukors-says-in-lawsuit-that-usa-swimming-covered-up-alleged-sexual-abuse-by-coach/

https://www.washingtonpost.com/sports/olympics/ariana-kukors-smith-alleges-top-usa-swimming-officials-ignored-sex-abuse/2018/05/21/1d6f3246-5d36-11e8-a4a4-c070ef53f315_story.html?utm_term=.b8fce4fe8034

Attorney Robert Allard and the Cerri, Boskovich & Allard legal team, which represents child molestation victims, lobbied for the legislation after witnessing the revictimization of sexually abused children in civil cases by a defendant’s paid expert.

As an example, Mr. Allard provided details of a psychological examination that crossed the line and re-traumatized children. The civil lawsuit was against a San Jose daycare center. Three little girls between the ages of 5 and seven were sexually molested by Keith Woodhouse while attending a San Jose daycare. During the police investigation, Woodhouse admitted the crime. These girls had to relate the details of their molestation to investigating police officers, the District Attorney, the court and to the defendants in their civil lawsuit during their videotaped depositions. Even with all the recorded testimony available, the defendants moved to compel an examination of each girl by both a psychologist and psychiatrist for more than four hours. During the examination, the psychiatrist went into great depth into the details of the abuse causing each of these little girls severe emotional distress.

When it comes to protecting kids from sexual abuse, the law firm of Cerri, Boskovich & Allard is trusted by many parents. The law firm has represented in either an official or unofficial capacity well over 100 clients who as children were sexually abused as children. In nearly all of those cases, we have helped sex abuse victims get financial compensation for the harm that was caused to them by using the civil justice system.

The civil justice system remains the best way for the victim and family to receive justice and the compensation to offset the costs of lifetime psychological and physical treatment caused by abuse. A civil lawsuit has the added benefit of obtaining compensation through the private sector (through insurance) as opposed to through the public sector (through victim witness assistance).

For a free and confidential consultation, call 408-289-1417 or use the form on this page to email us.