Student: Bus driver tried to enforce rules

VALPARAISO | One of the girls who said she was sexually harassed and assaulted by male classmates on a Portage High School bus testified Wednesday the driver was a nice man who tried to enforce conduct rules the best he could.

The girl, who was a sophomore during the last school year in question, cited numerous examples of driver Terry Burch responding to rowdy behavior on the bus and contacting school administrators.

The testimony ran contrary to the prosecution's argument this week that 69-year-old Burch is guilty of felony child neglect for ignoring the repeated abuses committed on the bus by three male students.

The girl, however, did testify that Burch failed to respond to the Feb. 5 incident involving the boys that resulted in criminal charges against them and Burch.

In that incident, another female sophomore called her father on a cell phone after claiming one of the boys in question pulled down his pants, followed by another boy attempting to push her head into the first boy's lap.

That girl, who was the first to testify Wednesday and whose accusations are at the heart of this week's trial, said she asked Burch for help and he did not respond.

"He said that it's not his problem and it's after school," she said.

That was the third time since the start of that school year that Burch ignored her pleas for help, she said.

Her testimony was challenged by defense attorney Gregory Sarkisian, who pointed out she said nothing about asking Burch for help during two statements given to police immediately following the Feb. 5 incident nor during a sworn statement in August.

Sarkisian questioned the girl's motives by pointing out her family is pursuing a civil lawsuit against Burch and Portage schools. Sarkisian also pointed out that while the girl testified Wednesday that the sexual harassment went on for the five months leading up to Feb. 5, she said during the deposition the touching did not begin until early January or a month before contacting her stepfather.

The girl also had testified back in June that despite the abuse, she repeatedly went to the rear of the bus, even passing up the occasional open seat closer to the driver.

The second girl to testify Wednesday said the first girl was friendly with at least one of the boys in question for most of the five months in question.

Both girls testified the boys also harassed girls within school itself.