Guilty! Richard Buckley II, Issaquah, Washington (arrested Feb 2003) [sex assaults of 2 sisters]

Discussion in 'Tomcats' started by News Readers, Mar 27, 2021.

  1. News Readers

    News Readers The Paperboy

    Convicted in 2003 of molesting the plaintiff's younger sister


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    Richard Buckley II (Bellevue, Washington), current age 32, drama teacher at Issaquah Middle School, Issaquah School District, Issaquah, Washington, sexual assaults of female students

    Later taught at

    Issaquah School District agrees to massive $4.25 million sexual assault settlement

    The Issaquah School District this week agreed to a $4.25 million settlement in a lawsuit that accuses a former middle school , of sexually assaulting one of his students for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started “grooming” [redacted], now 32, when she was about 12 years old in the late 1990s, though he had allegedly been interacting inappropriately with female students at Issaquah Middle School for years. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting [redacted]’s younger sister. “I’m glad it’s over, but ...


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    [google]Issaquah School District agrees to massive $4.25 million sexual assault settlement[/google]
     
    Richard Buckley II, Issaquah, Washington, Bellevue, Issaquah Middle School, Issaquah School District, Orcas Island High School, Orcas Island School District, Eastsound, Oliver M. Hazen High School, Renton School District, Renton
  2. TMP

    TMP Himself

    Background:

    Former teacher charged with molestation

    31 January 2003

    King County prosecutors yesterday charged a Bellevue man who recently resigned as a Renton schoolteacher with first-degree child molestation. The incident was unrelated to Richard Buckley's work at Hazen High School, they said. Prosecutors contend Buckley, 34, molested a 10-year-old girl on Dec. 30 while visiting the girl's mother in Issaquah. Buckley resigned from his position as a language-arts teacher on Jan. 15 for "personal health reasons," according to Renton School District spokesman Randy Matheson. The district was informed of the investigation shortly thereafter, he added. No students have come forward with allegations against Buckley, who was in his first ...


    https://archive.seattletimes.com/archive/?date=20030131&slug=glance31e

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    [google]Former teacher charged with molestation[/google]



    Ex-schoolteacher is accused of molesting 12-year-old girl

    3 February 2003


    A man who recently resigned as a Renton schoolteacher was charged in court yesterday with molesting the 12-year-old sister of his 17-year-old girlfriend in Issaquah, King County prosecutors said. The defendant, Richard E. Buckley II, 34, was released pending his trial on a charge of first-degree child molestation, authorities said. He could not be reached for comment yesterday. Buckley molested the girl Dec. 30 while they were lying on a bed watching television at the home of the girl's mother, authorities said. The girl lives with her father and stepmother at another address. The 17-year-old also was present, prosecutors said. ...


    https://www.seattlepi.com/news/article/Ex-schoolteacher-is-accused-of-molesting-1106689.php

    [archiv]https://www.seattlepi.com/news/article/Ex-schoolteacher-is-accused-of-molesting-1106689.php [/archiv]

    [google]Ex-schoolteacher is accused of molesting 12-year-old girl[/google]
     
  3. TMP

    TMP Himself

    STATE v. BUCKLEY, 53430-1-I (Wash.App. 10-18-2004) PER CURIAM.

    Richard E. Buckley challenges his conviction for first degree child molestation. We affirm the conviction because (1) the State's cross-examination of witnesses and presentation of a rebuttal witness was relevant to show the witnesses' bias in favor of Buckley, (2) the prosecutor's statements in closing argument properly addressed the credibility of the witnesses and Buckley, (3) defense counsel's representation was effective, and (4) the court's `to convict' instruction was constitutionally sufficient.

    FACTS The State charged Richard E. Buckley with one count of child molestation in the first degree, alleging that Buckley molested 10-year-old [victim] between December 26 and 31, 2002.

    The State amended the information to include a range of dates because there was some dispute as to the actual date the incident occurred. [victim] thought that the incident happened on the night of December 29, while Buckley and other witnesses stated that the relevant evening was December 30. There is no disagreement that Buckley was present at [victim's mother]'s house on one evening in this date range and that [victim], Buckley, and [victim's sister] watched Pulp Fiction on the sofa bed.

    One evening Buckley was at the home of [victim's mother]. Buckley was dating [victim's mother]'s 17-year-old daughter, [victim's sister]. [victim], [victim's mother]'s 10-year-old daughter was also present, along with [victim's mother]'s friend, [friend]. Buckley laid between [victim's sister] and [victim] on a foldout sofa bed to watch Pulp Fiction. During the movie, [victim's mother] and [friend] talked in the dining room and on the balcony.

    According to [victim], toward the end of the movie, Buckley reached over, touched her chest over her bra, and then put his hand under her bra. Buckley moved his hand down, touching her on top of her underwear, and then put his hand in her underwear. The movie ended and Buckley stopped touching [victim], who went to the bathroom to calm down. While [victim] was in the bathroom, Buckley went out to the balcony. When [victim] came out of the bathroom, Buckley motioned for her to join him. According to [victim], Buckley apologized and told her not to tell anyone what had happened because it would ruin his relationship with [victim's sister].

    A few days later, [victim] told [friend] that Buckley had touched her. After telling him that it had happened, [victim] told [friend] that it did not happen. [friend] told [victim's mother] what [victim] had said. [victim's mother] then told Buckley and [victim's sister] and consulted with her boyfriend, [mother's boyfriend]. [mother's boyfriend] spoke with Buckley by telephone on at least two occasions. According to [mother's boyfriend], Buckley did not remember what had happened that night because he was intoxicated. [victim's mother] eventually notified [father], [victim]'s father, about the allegations. At that time, [victim] was in Florida with a family friend, [family friend]. [Victim's father] called and asked [family friend] to talk to [victim]. [victim] told [family friend] that Buckley had molested her. At this point, [victim's father] notified the police. When [victim] returned from Florida, [victim's father] took [victim] for a sexual assault evaluation at Harborview Center for Sexual Assault and Traumatic Stress, where [victim] told the nurse practitioner conducting the examination that Buckley had molested her.

    At trial, Buckley, [victim's mother], and [victim's sister] denied [victim]'s allegations that Buckley touched her inappropriately. Over defense counsel's objection, the State cross-examined [victim's mother], [victim's sister], and Buckley regarding Buckley's relationship with [victim's sister] in 1998, when [victim's sister] was a student in Buckley's drama class. The State also presented rebuttal testimony of [another sister?], [victim's sister] and [victim]'s sister, regarding [victim's sister] and Buckley's relationship. The jury found Buckley guilty of first degree child molestation, and the trial court imposed a standard range sentence. Buckley filed a timely notice of appeal.


    ANALYSIS We first address whether the trial court erred in allowing the State to cross-exam witnesses and present testimony regarding Buckley's relationship with [victim's sister] in 1998. The trial court must exercise its discretion in determining whether evidence is admissible. The scope of cross-examination is within the discretion of the trial court, and we will not reverse unless the trial court's decision was unreasonable or based on untenable grounds. State v. Israel, 113 Wn. App. 243, 289, 54 P.3d 1218 (2002), review denied, 149 Wn.2d 1013 (2003). Evidence of bias is admissible to weigh in on a witness's credibility. State v. Whyde, 30 Wn. App. 162, 166, 632 P.2d 913 (1981). A party may show bias through crossexamination or the admission of extrinsic evidence. State v. Jones, 25 Wn. App. 746, 751, 610 P.2d 934 (1980). Initially the trial court excluded evidence of the 1998 relationship between [victim's sister] and Buckley as irrelevant and prejudicial. After [victim's mother] testified, however, the trial court determined that a portion of that evidence would be admissible: So it is clear to this Court there are substantial issues of motive and bias in this case. And one of the issues in which motive and bias play is as to what extent is [victim's mother] trying to protect the relationship between the defendant and [victim's sister], and for how many years has she been trying to protect that relationship.

    Report of Proceedings (RP) (Sept. 22, 2003) at 52. Evidence of bias is admissible because it bears on a witness's credibility. Here, there were substantial issues regarding [victim's sister] and [victim's mother]'s bias in favor of Buckley and his influence over them. Thus, under the circumstances, the trial court did not abuse its discretion in allowing the State to question [victim's mother], [victim's sister], [another sister?], and Buckley regarding Buckley's relationship with [victim's sister].

    Next, we must determine whether the State improperly used evidence regarding Buckley's prior relationship with [victim's sister] as substantive evidence of guilt. Prosecutorial misconduct may deprive a defendant of his or her constitutional right to a fair trial. State v. Davenport, 100 Wn.2d 757, 762, 675 P.2d 1213 (1984). Statements by a prosecutor constitute misconduct, requiring reversal, if the comments were improper and the defendant was prejudiced. State v. Reed, 102 Wn.2d 140, 145, 684 P.2d 699 (1984). `(P)rejudice is established only if there is a substantial likelihood the instances of misconduct affected the jury's verdict.' State v. Pirtle, 127 Wn.2d 628, 672, 904 P.2d 245 (1995). If defense counsel does not object to the alleged improper comments, an appellate court will not reverse the conviction unless the misconduct was so flagrant and ill intentioned that no curative instruction could have alleviated the prejudice to the defendant. State v. Russell, 125 Wn.2d 24, 86, 882 P.2d 747 (1994). `Allegedly improper arguments should be reviewed in the context of the total argument, the issues in the case, the evidence addressed in the argument, and the instructions given.' Russell, 125 Wn.2d at 85-86.

    Here, Buckley challenges several portions of the prosecutor's closing argument and suggests that the effect of the prosecutor's argument was to show that Buckley was guilty of the charged crime because he is the type of person that molests children. The State, on the other hand, argues that the prosecutor's statements in closing arguments were proper because they focused on the witnesses' credibility and Buckley's concept of appropriate behavior. The first challenged portion of the prosecutor's argument deals with [victim's mother]'s bias in favor of the defendant:

    It is not surprising at all that nobody saw it. Furthermore, this happens in a very specific context. This did not happen out in public. It did not happen at [father]'s home. It happens at a home where the defendant feels comfortable, and at a location where the defendant knows his word is law. This is a man who is dating [victim's mother]'s seventeen year old daughter, and has had an inappropriate relationship with her since she was thirteen years old. And [victim's mother] doesn't care. Is there anything the defendant could do in that room that she would not find acceptable? Is there anything he could do in that room that she would not make excuses for? The very particular reason why he chose to do it at that time and that place is because he was unlikely to be caught, and if so he is surrounded by people who will make every excuse for him.

    RP (Sept. 23, 2003) at 107-08. When taken in context, the prosecutor's argument is clearly related to [victim's mother]'s credibility and therefore was not misconduct. The prosecutor also addressed witnesses' claims that [victim] acted inappropriately toward Buckley and Buckley's credibility:

    Finally you need to look at the testimony of the defendant. By contrast to [victim], he has everything to gain from his testimony. Absolutely everything. Everything to gain by making sure that [victim's sister] and [victim's mother] tell the story that he wants them to tell, and everything to gain by sitting on that stand and talking about everything inappropriate [victim] has ever done. Shame on [victim]. Shame on that ten year old. She sits on his lap and touches his hair and tries to kiss him. Who could imagine that a ten year old whose sixteen year old sister, seventeen year old sister, who has been dating her teacher, who could imagine that she might do something like that? Let's talk about some details, though. This is a man who wants to focus on inappropriate actions of a ten year old child, but wants you to overlook every inappropriate action of his own. This is a man who is dating a seventeen year old. A seventeen year old who he taught, and whose relationship began when she was thirteen or twelve. This is a man who goes out and buys beer, gets in bed, a very small bed, so small that he has to take all of it, puts his arm around his girlfriend, whichever side, puts his other arm around [victim], and invites two lovely little girls to bed with him, and proceeds to watch Pulp Fiction. This is a man who I would like to suggest to you just doesn't understand what love is. That all of his behavior is excused by his great love for [victim's sister].

    RP (Sept. 23, 2003) at 112-13. Again, in context, the prosecutor's statements do not constitute misconduct because they address Buckley's credibility and motive to lie. The prosecutor also dealt with [victim's sister]'s bias:

    And then finally you need to look at [victim's sister]'s bias. This is a man she has had, to say the least, an unusual relationship with for five years. This is the man who she snuck around behind her mother's back, asked her sisters to lie to her father about. This is a man she will do anything to protect.

    RP (Sept. 23, 2003) at 128. The prosecutor again dealt with Buckley's credibility by questioning his testimony:

    And, finally, back to the defendant. You heard from him this morning. Let's talk about his testimony. This is a man who from the beginning says that nothing that happens to him is his fault. He doesn't have any responsibility for any of the decisions he has made in his life. He understands that he is a teacher, he is trained as a teacher, knows all about child psychology, and wields great power over children, great respect is given to him by children, and he completely abuses it. This is a man who claims that he first got to know [victim's sister] and take a special interest in her because she is an at-risk youth. This is what he does with at-risk youth, kisses them in the directing booth, have them spend the night at his house while the child lies about her whereabouts, sleeps with her, dates her, lives together? This is the kind of man who is so sensitive to at-risk youth that he takes a ten year old into his bed while he is drinking beer and watching Pulp Fiction. That is a man who is trying to prevent youth from being at risk. This is the man who also tried to tell you he knows what happened while he was sleeping. . . . He wants you to focus on any inappropriate behavior of [victim]. The reason we are here is because of that man's inappropriate conduct. The inappropriate conduct started back in 1998 when he was dating this twelve or thirteen year old student. This is a man that hid that relationship, that wrote letters to [victim's sister] telling her that he loved her, was in love with her. This is a man that kissed [victim's sister]. This is a man that instructed [victim's sister] to destroy those letters, by his own admission. We don't have those letters. They were destroyed. We know that from the defendant. This is a man who says that my marriage with my wife was disintegrating from the very first moment, that she would take it as a joke if I was buying her [barrettes] for an eight year old while I was interested in [victim's sister]. She would think that was funny. He concludes his testimony by telling you about the special relationship he has got with [victim's sister]. It is a love like no other. It is a love that will require [victim's sister] to do whatever it takes to protect that relationship. Ladies and gentlemen, when you go back to the jury room talk about these factors of credibility and apply them to [victim], apply them to [victim's sister], apply them to [victim's mother], apply them to the defendant and every other witness that you heard from.

    RP (Sept. 23, 2003) at 131-34. While some of the prosecutor's comments taken in isolation may be inappropriate, the argument taken as a whole was proper. Here, it was very important for the jury to have a full understanding of the entire situation and particularly the nature and extent of the relationship between Buckley and the various members of the [redacted] family. Buckley's relationship with [victim's sister] and [victim's mother]'s knowledge of that relationship was important because it related to bias and showed the amount of influence Buckley had over the witnesses. Also, Buckley testified that [victim] acted inappropriately towards him and stated that her conduct made him feel uncomfortable. The jury was entitled to consider Buckley's relationship with [victim's sister] in assessing whether his testimony was credible. As a whole, the prosecutor's closing argument emphasized issues regarding the credibility of the witnesses, and it did not constitute misconduct.

    Buckley also argues that his trial counsel was ineffective because he did not object to irrelevant, prejudicial testimony and closing arguments. To prevail on a claim of ineffective assistance of counsel, a defendant must show (1) that counsel's conduct was deficient and (2) that he or she was prejudiced by counsel's inadequate representation. Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). Counsel's representation is deficient if it fell below an objective standard of reasonableness based on the particular circumstances of the case. State v. Thomas, 109 Wn.2d 222, 225, 743 P.2d 816 (1987). Deficient representation is prejudicial if there is a reasonable likelihood that the outcome would have been different without the errors. State v. Lord, 117 Wn.2d 829, 883-84, 822 P.2d 177 (1991). There is a strong presumption that counsel's representation was effective. Lord, 117 Wn.2d at 883. Additionally, if counsel's conduct was a legitimate trial tactic or strategy, it cannot be the basis of an ineffective assistance of counsel claim. Lord, 117 Wn.2d at 883.

    First, Buckley argues that his counsel erred in failing to object to the State's questions regarding his interest in young girls and sexual fantasies. The State presented the following questions:

    Buckley also argues that his attorney failed to object to the State asking whether he wanted his wife to wear little girl's clothes. Counsel did object to that question, but the trial court overruled the objection. Buckley does not assign error to the trial court's decision.

    Q: It would be fair to say you have an interest in young girls, would it not?

    A: A what?

    Q: An interest in young girls.

    A: An interest in young girls?

    Q: Yes.

    N: No.

    RP (Sept. 23, 2003) at 42.

    Q: So this behavior that [victim] had been engaged in made you uncomfortable and disturbed you?

    A: Yes.

    Q: But you welcomed her nevertheless into your bed on December 29th? A: Yes, again, because there were lots of people around. I felt comfortable and confident with the people that were around that it would be okay to do that. Q: So on December 29th you were laying there in bed between your seventeen year old girlfriend and her ten year old sister?

    A: Yes.

    Q: Is this not a fantasy come true for you?

    A: No.

    RP (Sept. 23, 2003) at 49. Buckley argues that his counsel should have objected to these questions, but does not indicate the grounds upon which the questions could be excluded. The questions appear to go toward Buckley's motive, which is a proper subject of cross-examination. Therefore, trial counsel's conduct was not deficient because the questions were proper and thus no objection was warranted.

    Buckley also argues that his counsel's representation was deficient because he failed to object to [another sister?]'s testimony. Buckley argues that [another sister?]'s testimony constituted extrinsic evidence on collateral matters. The questions, however, were proper to show the witnesses' bias and therefore not collateral. Jones, 25 Wn. App. at 751.

    Additionally, Buckley points to counsel's failure to object to the State's comments made during closing argument. As discussed above, however, the comments, when taken as a whole, go to the credibility and bias of the witnesses, and therefore an objection was not warranted.

    Buckley also argues that his counsel erred by failing to request limiting instructions. Determining whether to request a limiting instruction is a tactical decision. `It is not unusual for able trial counsel to not request a limiting instruction regarding evidence that counsel believes is damaging to the client. Counsel may conclude that more damage may be done by calling the jury's attention to the evidence.' State v. Barber, 38 Wn. App. 758, 771 n. 4, 689 P.2d 1099 (1984). Because the decision not to request a limiting instruction was a legitimate trial tactic, it cannot serve as the basis of an ineffective assistance of counsel claim. Lord, 117 Wn.2d at 883.

    Finally, in his statement of additional ground for review, Buckley argues that his counsel's representation was deficient because he did not present certain factual evidence regarding previous allegations and investigation against Buckley. Defense counsel successfully argued to the trial court that this evidence should be excluded because it was prejudicial. Under the circumstances, defense counsel's decision was clearly tactical and therefore cannot support an ineffective assistance of counsel claim. Lord, 117 Wn.2d at 883.

    The final issue we address is whether the trial court's `to convict' instruction was constitutionally deficient when it failed to include the element of sexual gratification. `To convict' instructions must contain all essential elements of the crime charged. State v. DeRyke, 149 Wn.2d 906, 910, 73 P.3d 1000 (2003). "exual gratification' is not an essential element to the crime of first degree child molestation but a definitional term that clarifies the meaning of the essential element, `sexual contact." State v. Lorenz, 152 Wn.2d 22, 93 P.3d 133, 140 (2004). Therefore, the trial court's `to convict' instruction was constitutionally sufficient.

    For the foregoing reasons, we affirm Buckley's conviction.

    COLEMAN, GROSSE and APPELWICK, JJ., concur.
     
  4. News Readers

    News Readers The Paperboy

    School district agrees to $4.25M sexual assault settlement

    A suburban Seattle school district this week agreed to pay $4.25 million to settle a lawsuit that accuses a former middle school teacher of sexually assaulting his student for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started “grooming” [redacted], when she was about 12 years old in the late 1990s at Issaquah Middle School. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting Dennis’s younger sister. “I’m glad it’s over,” [redacted] told The Seattle Times in an interview Friday. “I’m so thankful to (my attorneys) — ...


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    https://apnews.com/8184f27aae78a37325f409c20c54ba79

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    [google]School district agrees to $4.25M sexual assault settlement[/google]

    School district agrees to $4.25M sexual assault settlement

    A suburban Seattle school district this week agreed to pay $4.25 million to settle a lawsuit that accuses a former middle school teacher of sexually assaulting his student for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started “grooming” [redacted], when she was about 12 years old in the late 1990s at Issaquah Middle School. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting [redacted]’s younger sister. “I’m glad it’s over,” [redacted] told The Seattle Times in an interview Friday. “I’m so thankful to (my attorneys) — ...


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    https://www.chron.com/news/article/School-district-agrees-to-4-25M-sexual-assault-16057655.php

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    [google]School district agrees to $4.25M sexual assault settlement[/google]



    Issaquah schools agree to $4.25M sexual assault settlement

    A suburban Seattle school district this week agreed to pay $4.25 million to settle a lawsuit that accuses a former middle school teacher of sexually assaulting his student for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started “grooming” [redacted], when she was about 12 years old in the late 1990s at Issaquah Middle School. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting [redacted]’s younger sister. “I’m glad it’s over,” [redacted] told The Seattle Times in an interview Friday. “I’m so thankful to (my attorneys) — ...


    Continue reading...

    https://www.heraldnet.com/northwest/issaquah-schools-agree-to-4-25m-sexual-assault-settlement/

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    [google]Issaquah schools agree to $4.25M sexual assault settlement[/google]



    Issaquah school district agrees to $4.25M sexual assault settlement

    A suburban Seattle school district this week agreed to pay $4.25 million to settle a lawsuit that accuses a former middle school teacher of sexually assaulting his student for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started "grooming" [redacted], when she was about 12 years old in the late 1990s at Issaquah Middle School. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting [redacted]’s younger sister. "I’m glad it’s over," [redacted] told The Seattle Times in an interview Friday. "I’m so thankful to (my attorneys) — ...


    Continue reading...

    https://www.q13fox.com/news/issaquah-school-district-agrees-to-4-25m-sexual-assault-settlement | Find in Internet Archives
    | [google]Issaquah school district agrees to $4.25M sexual assault settlement[/google]



    School district agrees to $4.25M sexual assault settlement

    A suburban Seattle school district this week agreed to pay $4.25 million to settle a lawsuit that accuses a former middle school teacher of sexually assaulting his student for nearly a decade. According to the lawsuit, drama teacher Richard Buckley started “grooming” [redacted], when she was about 12 years old in the late 1990s at Issaquah Middle School. Buckley was never criminally charged, and the statute of limitations has elapsed. In 2003, he was convicted of molesting [redacted]’s younger sister. “I’m glad it’s over,” [redacted] told The Seattle Times in an interview Friday. “I’m so thankful to (my attorneys) – ...


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    https://www.columbian.com/news/2021...ct-agrees-to-4-25m-sexual-assault-settlement/

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    [google]School district agrees to $4.25M sexual assault settlement[/google]
     
  5. News Readers

    News Readers The Paperboy

    Issaquah School District to Pay $4.25M in Teacher Sexual Abuse Settlement

    Issaquah School District has agreed to pay $4.25 million to settle a negligence lawsuit claiming a former middle school teacher sexually abused a student for nearly a decade and that school administration covered for him by downplaying concerns and complaints filed by parents. According to the lawsuit, Issaquah Middle School drama teacher Richard Buckley started grooming student Courtney Dennis in 1997 when she was 12-years-old, reports US News. Darrell Cochran, an attorney representing Dennis, said when Buckley met Dennis, her parents were divorcing, and he “recognized the weakness in the avenue of access to (her and her sister).” In 1998, ...


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    https://www.campussafetymagazine.com/safety/issaquah-school-district-teacher-sexual-abuse-lawsuit/

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