Family of Livingston student allegedly lured into sex may sue high school district

A civil lawsuit may soon be filed against the Merced Union High School District by the family of a 17-year-old boy who allegedly was lured into an 11-month sexual relationship with a Livingston High School teacher.

Melody Carter-McCabe, 27, was arrested last week on nine felony counts for unlawful sex with the boy, who was 15 years old in September 2010, when the relationship allegedly began.

According to sheriff's reports, the teacher was the boy's FFA mentor. She has pleaded not guilty to the charges.

The boy's father said Monday his family is considering suing the district because it should take some responsibility for the teacher's actions.

"There were a lot of rumors going around school. Someone should have known something was going on," the father said.

His name is being withheld to protect the identity of his son, the alleged victim in the sex abuse case.

The father said he had no idea about the alleged relationship between his son and the teacher until March of this year, when he was notified by school officials.

The boy's father said he's never spoken to Carter-McCabe before, and had only seen her in passing at the school and FFA-related events.

The father also said he had no idea his son had been spending time at Carter-McCabe's Atwater home. On those days, the boy said he was either with friends or at FFA events.

The boy took the breakup of the relationship particularly hard in August 2011. The father said he began to notice something was wrong because his son's grades started going down. He also began to lose interest in sports and extracurricular activities.

"It really changed him emotionally. He's not the same person that he used to be," the father said.

The father said the boy's mother, who he's divorced from, is also taking the case hard.

Carter-McCabe is currently being held at the John Latorraca Center, in segregation. That means she's being kept alone in a cell and allowed out for a half hour a day, six days a week. She is still allowed visitors.

Deputy Tom MacKenzie, sheriff's spokesman, said the defendant is being held under those conditions due to the nature of her charges to protect her from other inmates.

Her attorney, Jeffrey Tenenbaum, said during a Friday court hearing his client has no record, and should be eligible for probation.At the hearing, Tenenbaum said he thought the $250,000 bail amount set by Judge Ronald Hansen was too high.

"Even to make $50,000 bail is going to be difficult for this teacher, who doesn't have very much," Tenenbaum told Hansen.

During a courtroom exchange, Chief Deputy District Attorney Rob Carroll, the prosecutor in the case, responded: "He's saying she's a teacher. She's a teacher who took advantage of a 15-year-old child."

Tenenbaum on Monday said he couldn't elaborate in-depth about the case, but reiterated that $250,000 bail is exorbitant given his client's lack of a criminal record.

"My client was prepared to post reasonable bail, but as a school teacher, she doesn't have anywhere near a $250,000," he said.

Tenenbaum also said his client has had no contact with the student for several months. "She's not a flight risk. She’s not a danger to the community," he said.

When asked about whether Carter-McCabe has any supporters, Tenenbaum said "she has family and friends that are by her side, but it's difficult for everyone, including her 6-year-old son."

According to court records, Carter-McCabe is in the midst divorcing her husband of more than six year. She filed for divorce in September, citing "irreconcilable differences."

Prosecutors say Carter-McCabe could spend up to 12 years in prison if convicted of all charges.

The Sheriff's Department launched its investigation in March after rumors began circulating at the school and staff notified law enforcement.

City Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.

This story was originally published June 5, 2012 at 1:00 AM with the headline "Family of Livingston student allegedly lured into sex may sue high school district."