'Going to war': Attorneys of former New Hanover students prep for sex abuse lawsuit trial

A former New Hanover County teacher is going to prison, and a lawsuit against the school district is making progress toward a trial. 

Attorney Martin Ramey said with last week's guilty verdict for former Roland-Grise Middle School teacher Peter Frank, any question over allegations is removed from the criminal case and subsequently the lawsuit against the New Hanover County Board of Education. 

This comes as the school board faces two lawsuits for failing to act on knowledge that Frank and former teacher Michael Kelly were instigating sexual relationships with students over several decades. 

“There's no question that he (Frank) did this,” Ramey told the StarNews after the trial. 

Last week, after seven days of trial, a 12-member jury in Bladen County deliberated for less than 30 minutes before finding Frank guilty of all 17 sexual abuse counts he faced.

Ramey said evidence that surfaced throughout the proceedings only further supports the civil case the former students are bringing forward. 

Particularly a letter, provided as evidence, which was placed in Frank’s file in 1999 detailing a relationship he had with one of the former students.

Ramsey said that “clearly indicates” the district had knowledge of the inappropriate behaviors by Frank over two decades. 

The lawsuit against the school district brought forward by several former students of Frank could go to trial as early as March of next year. 

Recent coverage:

• Peter Frank trial:Former NHCS middle school band teacher found guilty of 17 child sex abuse crimes
• 'Felt like I was in love with him':Trial begins in sex abuse case against ex NHCS teacher
• Lawsuit hearing:At court hearing, school district argues it shouldn't be held liable for teacher's abuse

Another lawsuit, brought forward by more than a dozen victims of Kelly, is set for trial this fall. Kelly pleaded guilty to 59 counts of sexual abuse in 2019 after he formed sexual relationships with numerous students over three decades while working in the school district. 

That lawsuit is still waiting on a decision from the court after the school district’s attorneys motioned to dismiss some of the plaintiffs, arguing their statute of limitations had expired.

However, attorney Joel Rhine said the plaintiffs' lawyers do not anticipate the plaintiffs will be removed from the lawsuit because of a statewide lifting of the statute of limitations for victims of childhood sexual abuse. 

During that hearing last March, the school district’s attorneys from Tharrington Smith law firm argued the district does not have an obligation to protect students from harm while they are at school.

Ramey said while there’s an inherent risk of a child getting injured on the playground or while playing a sport at school, parents should feel confident they can drop their children off at school each day and the staff will do everything they can to keep the students safe from harm. 

“When I dropped them off at 7:30 in the morning, I do not expect that their chemistry teacher or their band teacher is going to sexually abuse them,” Ramey said. “There's a big difference between that kind of abuse and what's typical. So yeah, I do think schools have a fiduciary duty to ensure that their employees don't commit sexual misconduct, abuse, exploitation, or rape any of their students.” 

The attorneys representing the former students described the next several months as “going to war” as they continue to prepare for the upcoming trials.

More motions on the Kelly case will be heard in June ahead of the trial, and the attorneys will continue to work toward preparing for a trial in the Frank case next spring. 

They said their motivation toward these cases is more than just as attorneys representing their clients – it is also as community members and parents. 

“If there is a reason any of us became lawyers, part of it is wrapped up in this case,” Ramey said. “We are going to change the way the school system treats predators, the way they prevent, the way they investigate, the way they report … to the point that there are no more predators in New Hanover County Schools, and if we can't get them to do that voluntarily, we will do it through the court system.” 

Frank, who did not testify during his criminal trial earlier this month, currently remains in custody while awaiting sentencing. According to the attorney general's office, he is scheduled to receive his sentence June 7.

Reporter Sydney Hoover can be reached at 910-343-2339 or shoover@gannett.com. StarNews reporter Jamey Cross contributed to this story.