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Family website causing stir “I’m doing this so residents of Lincoln can make an educated decision in November. There is a school bond coming up for $163 million and there are open board seats,” Avelar said. “Do they trust these representatives’ judgments

Avelar asked to remove deposition transcipts
By: Carol Feineman, News Messenger Editor
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Rigo Avelar’s lawsuit with the Western Placer Unified School District took a new development Tuesday as he was advised to take down a related website or he’ll face legal action. The six-day-old website is www.leamans-fools.com. Avelar received a letter Tuesday from his attorney, requesting that he remove e-mails from his attorney and the deposition transcripts. Under the website’s testimonial icon, Avelar has posted depositions taken in May and June of Lincoln High assistant-principal secretary Charlene Emerson, former high school assistant-principal Janice Elizabeth Smith, high school Principal David Butler and the school district’s deputy superintendent of educational services Mary Boyle. Sanchez-Millan’s deposition from a year ago is also up there. Avelar and his wife were dismissed June 30 from a Superior Court of California lawsuit they filed, along with their daughter, against the school district. The Avelars sued the school district for “failure to supervise” and “negligent infliction of emotional distress.” The lawsuit is still open with the daughter, according to the school district’s attorney Carol A. Wieckowski last week. She said the parents were dismissed “because the court found that they didn’t have any legal basis for suing the school district.” Avelar said he is appealing his and his wife’s dismissal because “our case was thrown out not because our allegations were not true but because our attorney didn’t show up to two court dates. And the school is claiming they have no duty of care to parents. We never had our day in court.” The daughter was a Lincoln High School junior who was sexually assaulted by former Marine recruiter Victor Sanchez-Millan in 2008. She met the recruiter at a school job fair in April 2008 and the recruiter signed her out of class and also frequently drove her off campus during lunch. Sanchez-Millan was convicted and sentenced to one year in jail for contributing to the delinquency of a minor and unlawful sex with a minor. On Tuesday, The News Messenger asked Western Placer Unified School District Superintendent Scott Leaman why the district intends to take legal action and why it wants Avelar to take down his website. Leaman responded that he “was told to refer all questions to the school district’s attorney, Carol Wieckowski.” “The website is fine. What I want him (Avelar) to take down are the depositions,” Wieckowski said Wednesday. “He’s tainting the jury pool. That’s the problem. If the people read the depositions, they form an opinion and have biases and prejudices. I have no problem with his website, that’s his freedom of speech. The trial’s on Valentine’s Day. I don’t want to try this case in the press or on the Internet.” As of Tuesday night, Avelar had no plans to remove documents from the website. “I’m going to leave up until the court orders me to take it down,” Avelar said. “Why is the school district so afraid of the residents knowing the truth? These are depositions taken under oath.” The website went live Saturday. Avelar estimates he has spent up to 12 hours a day since last Thursday adding content to the website. “I’m doing this so residents of Lincoln can make an educated decision in November. There is a school bond coming up for $163 million and there are open board seats,” Avelar said. “Do they trust these representatives’ judgments to make decisions that are based on the students’ best interests or are they in their own political best interests?”