How Could You? Hall of Shame-Bertha Savoy and Duane James case UPDATED

“A Santa Maria jury has returned with mixed verdicts against two Orcutt residents accused of abusing nine children in their care.

The jury Tuesday found Duane James not guilty of two counts of felony corporal injury to a child and three counts of felony battery with serious bodily injury, but found him guilty of the lesser included counts of misdemeanor assault and battery.

Jurors acquitted James of four felony counts of child abuse, and were unable to reach a verdict on a felony charge of corporal injury to a child.

His aunt and co-defendant, Bertha Savoy, was found not guilty of four charges of felony child abuse, and the jury hung on two more counts of felony child abuse.

Santa Barbara County Superior Court Judge Patricia Kelly declared a mistrial on the counts where the jury was unable to reach a verdict.

Deputy District Attorney Cynthia Gresser said her office intends to make a decision by the next court date of April 17 as to whether her office will retry the counts for which a mistrial was called.

James is also expected to be sentenced on that date.

The defendants remain out of custody.

James, 41, and Savoy, 74, who lived in houses next door to each other, were arrested in June 2010 for allegedly abusing children ranging in age from 8 to 17.

The Santa Barbara County District Attorney’s Office announced in Santa Maria court Wednesday it will not retry Bertha Savoy on two felony counts of child abuse that a Santa Maria jury could not reach a verdict on earlier this month.

The jury acquitted Savoy, 74, of four charges of felony child abuse.

Prosecutors also decided not to retry Savoy’s co-defendant and nephew, Duane James, on a felony charge of corporal injury to a child that the jury hung on.

James was convicted of misdemeanor assault and battery after the jury found him not guilty of more serious charges including three counts of felony battery with serious bodily injury and two felony counts of corporal injury to a child.

The jury also found James not guilty of four felony counts of child abuse.

Superior Court Judge Patricia Kelly sentenced James Wednesday to three years of formal probation, 120 days in county jail with credit for time served and which he can serve out of custody in the Sheriff’s Work Alternative Program.

In addition, James must not consume liquor to excess, cannot have any contact with the three boys he was convicted of crimes against, may not use any firearms, must complete a 52-week parenting course and was ordered to pay fines.

The case prosecutor, Deputy District Attorney Cynthia Gresser, said her office found it was its ethical duty not to continue to pursue charges against Savoy.

“We made a decision that we didn’t feel that we could continue to pursue the case and prove it beyond a reasonable doubt,” based on factors including evaluation of evidence presented during trial and insight from a juror, Gresser said.

“That’s why we have a jury system,” she said. “They made a decision. That’s how our system works.”

James, 41, and Savoy, who lived in houses next door to each other in Orcutt, were arrested in June 2010 on suspicion of abusing a total of nine children in their care, some of whom had been Savoy’s foster children.

The District Attorney’s Office presented evidence that James beat several of the children, and that Savoy locked three of the teenage boys out of her house for days with no food or water. Prosecutors also claimed Savoy sought James’ help in punishing boys who stole money from her, and alleged he responded by hitting them.

However, defense attorneys in the case argued the alleged victims made up the abuse to distract from their own criminal activities.

On the witness stand, several of the boys gave varying accounts of what transpired, or denied they were abused.

Photos taken by investigators showed the victims’ injuries reportedly inflicted by James as faint and barely visible.

In court Wednesday, James’ attorney Tom Allen asked Kelly to sentence his client only to the parenting classes, which he said would benefit almost anyone.

Allen said James left behind a troubled past to become a productive community member who was active in the youth animal husbandry group 4-H and had become a successful truck driver whose performance and attitude was praised by his boss. He added that James lost his previous job because of the criminal case and public scrutiny, butdidn’t give up.

“He has done time in jail. He has paid his price for what the jury convicted him of,” Allen added.

Michael Scott, Savoy’s attorney, said both he and his client were satisfied following the case’s conclusion.

He said Savoy had endured incredible stress as a result of her serious health problems and the charges.

Although Scott expressed concerns about pushing forward with trial due to his client’s ill health, Savoy insisted on going to trial and putting the matter behind her, the attorney said.

“She’s relieved,” Scott said, adding that Savoy told him she’ll feel much better when she’s home and the end result sinks in.

Savoy was a special education teacher for 30 years locally and was well respected, according to Scott, who added she received many letters of support, including from former foster children.

“She contributed greatly and she tried to help young people,” Scott said.

Savoy is done with foster care, he said, deciding shortly before her arrest that she was no longer able to keep up with the demands of the arrangement.”

Bertha Mae Nettles Savoy, 76, died Jan. 13. She had been ill for several years.

Her failing health was exacerbated when she was arrested and subsequently stood trial in Santa Maria Superior Court in 2012 for allegations of child abuse, according to her attorney Michael Scott.

The longtime Orcutt resident was a state-licensed foster parent, who opened her home over the years to 25 foster children, a handful of whom alleged she and her nephew, Duane James, severely mistreated them while in the woman’s care.

Savoy and James were arrested by sheriff’s deputies in summer 2010 on suspicion of child abuse and went to trial on a multitude of charges related to the allegations made by four foster children cared for by the woman.

A jury returned mixed verdicts against Savoy and James, acquitting the elderly woman of four of the six felony child abuse charges. The panel failed to reach an unanimous verdict on the remaining two counts.

Savoy, a Texas native, moved to the Santa Maria Valley in 1971 with her husband, John Stafford Savoy Jr., who preceded her in death. She is survived by two daughters and three sons, as well as numerous grandchildren and great-grandchildren.

She spent 32 years teaching special education students at Righetti High School, and she and her husband were among founding members of the Santa Maria/Lompoc branch of the National Association for the Advancement of Colored People in 1974.

A celebration of life will held today at 11 a.m. at Pacific Christian Center, 3435 Santa Maria Way. Funeral arrangements are being handled by Lori Family Mortuary in Santa Maria.”