ESD, Plaintiffs Deliver Closing Arguments in Punitive Phase

Charla Aldous, lead attorney for the plaintiffs, presented an impassioned closing argument during the brief trial preceding the award for punitive damages. She maintained the $8.5 million ruling was not sufficient.

“What you’ve done is compensate the [Does], but what you have not done is send a message to ESD,” Aldous said, adding, “This child was discarded like a piece of trash.”

Aldous went back to the email head of upper school Erin Mayo wrote the day Jane was forced to leave ESD. In the much-publicized correspondence from Mayo to Rebecca Royall’s assistant, Mayo wrote, “I don’t want the girl haunting the hallways with her sad story for the rest of the week.”

“That is the kind of character and conduct that needs to be punished,” Aldous said.

ESD is held to a particularly high standard, Aldous said, because of their religious mission.

“This is a Christian school that is headed up by a member of the clergy, who is supposed to conduct his life as Christ conducted his,” Aldous said.

Aldous got even more emotional than usual as she thanked the jury for what they had done for the Does with the ruling. Then, she asked the ladies of the jury to deliver a message to ESD.

“We’re going to hit you where it hurts, and that’s your big, fat pocketbook,” she said. “You will know you can never do this to another child.”

ESD attorney Chrysta Castaneda told the jury ESD received the message loud and clear.

“Your voice has been heard,” Castaneda said. “The message has already had an impact.”

Castaneda said ESD was in uncharted waters when it dealt with Jane’s forced separation after being sexually abused by her teacher.

“They did their best in their minds to try to take care of [Jane],” she said.

As of 2:45 p.m., the jury had not come back from the punitive phase.

13 thoughts on “ESD, Plaintiffs Deliver Closing Arguments in Punitive Phase

  • September 21, 2011 at 2:55 pm

    ESD was not in unchartered territory…they were in well travelled waters, where their ship had been several times in 30 years.

  • September 21, 2011 at 3:17 pm

    Did you read motions filed by Esd?
    What are those companies Esd wanted to keep secret?

    Please post the document.

    Slush fund?

  • September 21, 2011 at 3:46 pm

    Does and their attorneys are all about the money.

    I say appeal, appeal, appeal.
    The judge was bad and bias. I can’t imagine getting a worst judge than this one.

    The jury agreed that ESD could not have prevented the affair but I still think it is clear that Jane’s parent could have.

    I am going to write a letter to the DA and ask him to investigate the Does. They really deserve to be held responsible. I don’t know if it will do any good but maybe if others write too the DA will do something.

  • September 21, 2011 at 4:11 pm

    Yes, Nancy. When you write your letter, please include your misspellings and grammatical errors (bias/biased, worse/worst, to/too, etc.)

    Be sure to make your letter as lengthy as possible.

    (Does anyone know if the DA keeps a ‘nut’ file?)

  • September 21, 2011 at 4:28 pm

    @ Nancy,

    Would you please either say that the judge “had a bias” or “was biased”.

  • September 21, 2011 at 4:37 pm

    @Nancy-give it a rest about the money. It appears you care about it much more than the Does…write letters, be outraged, keep insulting the judge.Knock yourself out.

  • September 21, 2011 at 4:48 pm

    Nancy works for the defense team.

    We can all make random comments too.

  • September 21, 2011 at 6:36 pm

    Nancy sounds like one of the many koolade drinking parents who keep blaming the family, and not realizing it was mostly about kicking the student out of the school. Fools. ESD will be fine. If they were smart, they’d pay up, and move on. Regular folks who serve on juries don’t go for wealthy private school types, screwing over the victim, aka “little guy.” They had it coming.

  • September 21, 2011 at 6:44 pm

    If you don’t like my posts just skip them please, new “nancy”, mainzer, Lisa, Avid Reader. BTW, I will be sure to run my letter to the DA through spell check. Thanks for the tip.

    BTW Dan/Claire, Some blogger’s entire posts are just personal insults to other posters. I have been insulted repeatedly by posters with apparently no other point than just to be nasty to me. See the posts above. Doesn’t this break the blogging rules here? Just asking.

    I appreciate the opportunity to post here and have tried not to abuse the privilege and fine with people disagreeing with me with all passion. But, do think the rules should be the same for all though. JMO.

  • September 21, 2011 at 8:42 pm

    I think current (and very recent past) ESD parents who are on the AList are all over these blogs. What do you think, Nancy?

  • September 21, 2011 at 8:52 pm

    @nancy: I don’t want to stoop too low with you, but you really need to move on and get a hobby or something. You’re getting old.


  • September 22, 2011 at 9:43 am

    Hi Nancy,
    If you were referring to my post above as one of the “personal insults”, it is not an insult. You just spout off these completely non-fact-based comments so I threw out a few myself.

  • September 22, 2011 at 12:49 pm

    @nancy better have his/her blood pressure monitored. Might be seriously high. Sit back in a comfortable chair and read the D Magazine article. That ought to calm him/her.

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