Ex-Teacher Sentenced to 25 Years in Prison

A former South Los Angeles-area elementary school teacher who took photos of blindfolded and gagged students with semen-tainted cookies or spoons held to their mouths was sentenced to 25 years behind bars Friday after pleading no contest Friday to 23 counts of committing lewd acts on children.

The charges against ex-Miramonte Elementary School teacher Mark Henry Berndt, 62, of Torrance, involved 23 children who were 7 to 10 years old. The crimes were committed between 2005 and 2011.

As part of his plea agreement, Berndt will also be required to register as a sex offender for life. He was given credit for 755 days he has already served in jail since his January 2012 arrest, and will have to serve 85 percent of the remaining sentence—with his attorney estimating that Berndt is facing about 19 1/2 years more behind bars.

During the court hearing, defense attorney Manny Medrano said his client was "profoundly sorry" and "remorseful."

"He taught for over 30 years, your honor," Medrano said during the court hearing in downtown Los Angeles. "He was a dedicated educator. He was well-respected by his teaching peers at that school. He was loved by many of (his) students and the parents of those kids, your honor. And indeed, since his date of arrest ... he's received a multitude of letters, supportive letters, from former students and the parents of those kids."

Berndt's attorney said the last thing his client wanted was to see the victims walk up to the witness stand to testify, noting that the proceedings would have been lengthy.

Medrano also insisted that Berndt had never touched children in a sexual manner.

Deputy District Attorney Alison Meyers—who noted outside court that it would have been "very traumatic" for 23 children to have to come into court to testify—told the judge that the plea agreement was a "fair disposition."

District Attorney Jackie Lacey said a key result of the plea deal was preventing the young victims from being forced to testify in court.

"A school ought to be one of the safest places in America," Lacey said. "This plea spares these young victims the anguish of testifying at a trial and sends an unmistakable message to those who would dare take advantage of our children that justice will prevail."

One parent said during the hearing that Berndt should be burned at the stake, but Los Angeles Superior Court Judge George G. Lomeli said the 25-year sentence could amount to life behind bars.

"Berndt did ask for less time than what the D.A. offered. The court was not inclined to go along with that," Lomeli said. "... Understand that he is of a certain age, and the time that's going to be imposed by this court, 25 years, could potentially -- coupled with his age -- amount to a life sentence in this matter.

"I know that you mentioned ... you would like to see him burned at the stake. Obviously I don't have the power to do that, nor would I do that at this point, but understand he's getting 25 years, not what he was asking for," the judge said.

Just before the sentence was imposed, the judge heard statements from about a half-dozen mothers—some of whom cried as they described how their children had been victimized.

"He is vile and disgusting," one woman said, noting that her daughter "used to love eating cookies" and that they now disgust her.

"She just isn't the same ... She is forever scarred," the woman said.

Through a Spanish interpreter, the mother of two of the victims called Berndt an "animal."

Another questioned how the school district "didn't notice all of this."

"I wish that this would have never happened to any of the kids," said one mother, who said she thought Berndt deserved a longer sentence.

Yet another said she supported Berndt, calling him "a good teacher."

Berndt looked straight ahead as the women spoke in court, with his attorney noting later that he had directed his client to look only at the judge as the victim impact statements were made.

As a result of the plea agreement, Berndt will be barred from filing an appeal.

Berndt said he also understood that he could face time in a state mental hospital once he completes his sentence if the prosecution seeks to have him committed as a sexually violent predator.

Berndt's attorney said he doesn't expect that to happen, but noted that "it's up to a prosecutor 20 years down the road."

"Mr. Berndt is not a monster. He's not an evil person," Medrano said. "Mistakes were made. He's owning up to it today."

The defense had sought a lower sentence of 15 years, which was rejected by the prosecution, Berndt's attorney said.

The 2012 arrests of Berndt and another former Miramonte teacher, Martin Springer, led to a community outcry and an overhaul of the management of the school. Los Angeles Unified School District Superintendent John Deasy replaced the school's entire staff, although most eventually returned to work at the campus.

A series of lawsuits and claims were filed by alleged victims against the LAUSD, which so far has paid out nearly $30 million in settlements. Dozens more claims are pending.

Springer is still awaiting trial on three counts of committing lewd acts on a child.

Berndt was arrested following a roughly yearlong investigation that began with the Redondo Beach Police Department. School district officials said Berndt was removed from the classroom when the allegations against him first arose in January 2011 and the district moved to fire him, but he resigned before he could be terminated.

Sheriff's officials said the investigation of Berndt began when a Redondo Beach film processor turned over to the RBPD more than 40 photographs of children in a classroom, with their eyes blindfolded and mouths covered in tape. Some of the pictures showed Berndt with his arm around the children or with his hand over their mouths, according to the Sheriff's Department.

A sheriff's sergeant said some of the photographs "depicted girls with what appeared to be a blue plastic spoon, filled with an unknown clear/white liquid substance, up to their mouths as if they were going to ingest the substance." Some photos also showed children with a large roach on their faces, sheriff's officials said.

Sheriff's officials noted that detectives found a blue plastic spoon and an empty container in the trash in Berndt's classroom. Both items tested positive for semen, and DNA testing matched it to Berndt, according to the Sheriff's Department.

Deputies also served a search warrant on Berndt's home and found more than 100 other similar photographs depicting children, sheriff's officials said. Detectives also found about 250 other photos at the film-processing business, sheriff's officials said.