Judge asked to dismiss sex scandal lawsuit

By Lynn Hotaling

Judge Marlene Hyatt took the motions under advisement and gave no indication on when she might rule on the matter.

Lawyers for four of six defendants named in a January 31 suit brought by Sybil Smith of Cashiers asked the judge to dismiss the lawsuit Smith filed on behalf of her daughter, who was a freshman at Blue Ridge during the spring of 2001.

In addition to seeking dismissal, the four defendants - the Jackson County Board of Education, former deputy and Blue Ridge School resource officer Robbie Hess, Blue Ridge Principal Lib Balcerek and Jackson County Sheriff Jim Cruzan - deny all charges and allege that if any harm was done to Smith's 14-year-old daughter, it was done by one of their co-defendants.

All four and a fifth defendant, former Blue Ridge basketball standout Jeremy Stewart, also allege contributory negligence on the part of Smith's daughter, usually referred to in court papers as "the minor plaintiff."

Smith's daughter had a "duty to prevent harm, if any, to herself," according to court documents filed by Hess's attorney, Benjamin Olinger of Asheville. If she suffered harm, she breached that duty and was "grossly contributorily negligent," states Hess's response.

Responses from attorneys for the other four defendants include similar language.

The sixth named defendant, former Blue Ridge Athletic Director Joe Brooks, is currently serving a five-year jail term in connection with events that occurred at the K-12 southern Jackson County school in the spring of 2001.

Brooks's response, prepared by Sylva attorney Eric Ridenour, also accuses Smith's daughter of contributory negligence and maintains that since he has already been sentenced in connection with events at Blue Ridge, he should not be punished twice. Brooks has already been ordered to pay restitution for counseling for Smith's daughter.

Smith's civil lawsuit seeks a jury trial and asks for damages "in excess of $10,000" each from the defendants on a number of counts to compensate for her daughter's mental anguish, emotional distress, medical expenses and other suffering caused by the defendants' alleged negligence.

Smith's complaint stems from events that shocked the Blue Ridge School community and resulted in criminal charges against Brooks, Hess and Stewart.

Brooks pleaded guilty in July 2001 to having sex with a student and facilitating students having sex with each other both at his home and in his office during school hours. He was sentenced last November to five years in prison and is incarcerated in Mountain View Correctional Institute, a medium-security state facility in Spruce Pine.

Hess, who was fired by Sheriff Cruzan, pleaded guilty 10 months ago to obstruction of justice for his role in assisting Brooks. He received a suspended sentence and probation.

Stewart, who was 18 at the time, was charged with statutory rape; Smith's daughter was listed in court papers as the alleged victim. All charges against Stewart were dismissed last November because the charges didn't fit the definition of statutory rape.

Smith's suit accuses school officials and Sheriff Cruzan of negligent supervision of their employees, Brooks and Hess, and with failing to protect Smith's daughter from harm while she was at school.

A March amendment to Smith's suit alleges that Sheriff Cruzan had prior knowledge that Hess had assaulted a minor and still placed Hess in a school setting, a charge the sheriff denies in his response to the amended complaint.

Back to Archive: 08/29/02.