W.Va. AG: School officials tried to cover up alleged verbal abuse of special needs kids

MARTINSBURG, W. Va. (ABC7) — Major developments in a 7 On Your Side investigation the I-Team broke wide open in West Virginia.

Now, an Attorney General investigation that is naming more names and claims a school official instructed a principal to destroy evidence.

Bombshells dropping at a noon press conference as West Virginia Attorney General Patrick Morrisey claims 5 current and former Berkeley County School District employees failed to report allegations of child abuse in a secret classroom recording within 24 hours to the state’s Child Protective Services as required by law.

The Board of Education along with the 5 were just named in the Attorney Generals’ amended lawsuit.

Amber pack, a student’s mother, made the recording that the Attorney General says caught a teacher and two aides making disturbing comments to special education students at Berkeley Heights Elementary School in Martinsburg.

"This should be a message to all school boards in the Eastern Panhandle and across the state. If issues arise where there is potential abuse of a child make sure you know your responsibilities under the law and act quickly,” says West Virginia Attorney General Patrick Morrisey.

In court documents, Morrisey claims Berkeley County Deputy Superintendent Margaret Kursey instructed Berkeley Heights Elementary School Principal Amber Boeckmann to have Amber Pack destroy the recording she made.

We do not know if that message was ever delivered to Pack who went public with the recording.

"Obviously such destruction if it occurred would have been highly problematic and would have stifled and future investigation,” adds Morrisey.

Now the Berkeley County Prosecutor Office says it’s opened a second criminal investigation after being handed new information from the Attorney General’s Office this week. It’s first investigation ended in no criminal charges being filed against the former teacher or the former two aides.

"The Packs have been threw a lot. What happened in that classroom back in October should never have happened but equally disturbing and equally appalling is what happened in the days and weeks afterwards,” says Ben Salango, attorney for Amber Pack.

One name that you won't find in the state's amended lawsuit, former School District Superintendent Manny Arvon who suddenly retired after the secret recording was revealed.

"I think there will be on going concurrent investigations and we are going to let the process play itself out,” adds Morrisey.

The Attorney General tells ABC & he has tried to interview Arvon and so far, Manny Arvon hasn't taken him up on the offer.

The Attorney General has filed a civil lawsuit and no criminal charges have been filed against anyone in regards to the recording.

ABC 7 will continue to follow this story and both sides of a lawsuit filed by Amber Pack will be in court next month. We did reach out to Berkeley County Deputy Superintendent Margaret Kursey and Berkeley Heights Elementary School Principal Amber Boeckmann but wasn’t able to reach them. The Board of Education did not release any statement.