Boy Improperly Expelled in Drug Case, Judge Rules

A Los Angeles Superior Court judge has ruled that a student at El Segundo Middle School was improperly expelled last year for reportedly selling a small amount of marijuana.

The student, who was 12 at the time of the incident, was expelled for the fall 1996 semester after an eight-hour hearing in the spring in front of a five-member panel of school administrators.

The panel heard testimony from students and school staffers who said the youngster bought a small amount of marijuana and resold it for $2. The student maintained that someone gave him a small bag of marijuana, but he threw it in a trash can. Another student, he said, picked it up and gave him $2.

The student’s parents took the case to Superior Court. Judge Robert O’Brien ruled last month that during the school panel’s hearing, the youngster was denied due process because his attorney was not given the written statements of one witness.

The youngster could have returned to campus last February but remains at a private school where he has been enrolled since last year, his attorney, James Kosnett, said Monday.

It was unclear what the school district will do. William Watkins, acting superintendent for El Segundo Unified School District, said he would not comment on student-related matters.

Kosnett said the youngster’s parents will be asking the school district to reimburse the family for their attorney fees.