D.A. Will Not Press Charges in Day-Care Case

The Orange County district attorney’s office announced Friday that it would not press charges against the owner of a Cypress day-care home who was accused of sexually molesting a child and exhibiting inappropriate sexual behavior in front of other children.

“We didn’t feel that there was sufficient evidence of criminal behavior,” Donna Crandall, a deputy district attorney, said of the case involving the owner of the day-care home, Terri Borzoni, 37, and her assistant, Vicki Jimenez, 21.

Officials with the state Department of Social Services temporarily suspended Borzoni’s operating license last month after receiving a report of alleged sexual abuse from the Orange County Child Abuse Registry which, they said, had been contacted by a therapist for one of the children under Borzoni’s care.

Borzoni and Jimenez immediately denied the charges, and Borzoni described herself as the victim of a disgruntled parent’s vendetta.

But state licensing officials said Friday that the decision by the district attorney’s office not to press criminal charges would have no effect on their own drive to assure that the day-care home not be allowed to reopen.

“The fact that the D.A. decided not to press charges will not impact our case,” said Kathleen Norris, the department’s director of public affairs. “The case is strictly administrative to determine the appropriateness of licensure only.”

Said Francine Kammeyer, a lawyer representing the state: “It’s a good, strong case. (But) I’m not surprised” that the district attorney’s office chose not to press charges. “Their burden of proof is greater than ours.”

Borzoni’s appeal of the state’s decision to revoke her day-care license is scheduled to be heard before an administrative law judge in Santa Ana on April 29, 30 and May 1.

Contacted at her home in Cypress, Borzoni said that she and Jimenez had been instructed by their attorney to refrain from commenting on the case and to refer all inquiries to him. The lawyer, Herbert Dodell of Santa Monica, did not return several phone calls.