Jury told teacher bruised autistic children

By: TERI FIGUEROA - Staff Writer | Wednesday, April 13, 2005 11:57 PM PDT ∞

VISTA ---- An attorney told a Superior Court jury Wednesday that she believes she can prove an Escondido schoolteacher pinched, squeezed and bruised two of the autistic preschoolers in his care.

Attorneys for the six defendants ---- which include the teacher and the Escondido Union School District ---- argue that the students were not abused and were never intentionally hurt.

The children's parents have filed a civil suit, claiming the two severely autistic children were physically abused from 2000 to early 2002 at the Nicolaysen Center, a preschool geared toward special education students.

They also claim that the principal and the district knew about the treatment of the children but failed to do enough to prevent it.

The two children, identified only as Austin B. and Jessica B., began attending the school at 3 years old. The two children are not related.

Andrea Leavitt, the plaintiff's attorney, told the jury during her opening statements Wednesday that one witness will say she saw teacher Shawn Tyler Priest grab Austin by the arm and slam him down during a field trip.

Another witness, a 10-year-old classroom helper, saw Priest grab Austin out of a swing by the arm and shake him, Leavitt said. And still another will say they saw Priest bend Jessica's fingers back to her wrist to get her to color, the attorney told the jury.

Leavitt told jurors that parents and teachers reported their concerns to the school principal, Jan Zelasko, but that no action was taken. Zelasko is also a defendant in the suit.

Defense attorney Jack Sleeth said that even the "whistle-blowers" ---- who are teachers testifying for the plaintiffs ---- will say that "abuse is too strong a word" to use for the incidents, and that Priest needed more training on behavior management techniques for autistic children.

The district did an internal investigation into the claims, but determined that Priest "had never done anything with the intent to harm the children," Sleeth said.

Sleeth also said Priest will testify that he "never did anything to harm a child."

Other defendants in the suit include district Superintendent Mike Caston, and Assistant Superintendents Bob Leon and Claudia Boyle.

Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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