Jury Rules Instructor Is Not Guilty of Molestation : Trial: Retired Marine ROTC instructor had been accused of molesting a teen-age girl at Redondo Union High School. ‘It’s been devastating,’ he said.

Master Gunnery Sgt. Allen Roth maintained a stony silence and ramrod-straight military posture throughout his lengthy criminal trial on charges he molested one of his teen-age ROTC students.

Finally, as he was found not guilty Tuesday morning in Torrance Superior Court, Roth slumped slightly, cracked a small smile and hastily wiped away a tear. A few moments later, after Superior Court Judge Francis Hourigan ordered the case closed, Roth was on his feet and embracing his wife, Barbara.

In the corridor, the retired Marine Corps veteran and about a dozen supporters linked arms and sang the Marine Corps Hymn before warmly greeting and thanking the jurors who had acquitted him.

“I want you to know that I am innocent,” Roth told the jurors as they filed from the courtroom.

“It’s been devastating,” Roth told reporters afterward. “My honor was on the line. The whole Marine Corps was on the line. Something like this must reflect all the way around if someone is found guilty.”

Roth was arrested Dec. 5, 1990, one day after a Redondo Union High School student, who is now 18 and no longer in school, told the school’s principal and Redondo Beach police that she had been molested several times by the ROTC instructor. Although she initially told authorities that Roth raped her, the girl later said she consented to the sexual acts, which she said began when she was 14 years old.

Early on, the girl was not sure of the dates of the alleged incidents but later insisted that the dates she had selected were correct.

Just before the arrest, the girl agreed to tape a series of telephone conversations with Roth, in which she tried to discuss with him their alleged sexual encounters. Roth did not acknowledge or deny her allegations.

Roth, a decorated veteran of World War II and the Korean and Vietnam wars, was placed on unpaid suspension by the school district after his arrest.

Roth said he has not yet decided whether to seek his old job back.

“I was a drill instructor for 7 1/2 years, and I’ve always enjoyed working with young people,” he said. “But I’ve been going through so much these past few months, I just have to wait and make decisions later that I know I can be happy with.”

Jury foreman John Rubasky said jurors believed the investigation of the charges against Roth was inadequate. They voted unanimously to acquit him of one count of sexual intercourse with a minor, and four counts of oral copulation with a minor.

“We had a lot of concern about the investigation, and (the victim) was testifying to these random, incredible, coincidental dates,” said Rubasky, a pilot for Hughes Aircraft. “I think this might be a guy who was too caring and loving and hugging and got misconstrued.” Some jurors expressed amazement that the case had ever come to trial.

“I don’t feel the district attorney had a lot of solid evidence,” said Cheryl Perkoski, a technical editor for Hughes Aircraft.

But others said they suspect something more than a student-teacher relationship took place between Roth and the girl.

“I don’t think he’s innocent,” said Mary Moreno, a digital data technician for GTE. “My gut feeling was that he did something with her, but we couldn’t convict him beyond a reasonable doubt on those dates she gave.”

Deputy Dist. Atty. Ron Geltz said the girl who made the charges was “very upset and hurt and disappointed” by the verdict.

“There was sufficient evidence to convict, and although I am disappointed in the verdict, I realize they were a conscientious and hard-working jury,” Geltz said. “I think the fact that she came forward, told about what happened and then had this result will impact her considerably for a while, but I still think she’s an example for other individuals to be courageous and report these events when they do occur.”

The girl’s family filed a $10-million claim against the South Bay Union High School District, which was rejected several months ago. Notification of a civil lawsuit against the district and Roth will be served this week, according to the girl’s attorney, Robert Mars.

Officials for the district declined to comment on either Roth’s acquittal or the pending lawsuit.