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Teacher's lawsuit says mishandling of sex abuse case ruined his life

He was acquitted last year of sexual battery, but he remains suspended without pay and says he has spent his life savings as a result.

By THOMAS C. TOBIN
Published March 25, 2006

Pinellas teacher Mark Fronczak has filed a federal lawsuit against the county government and four sheriff's detectives, saying authorities recklessly focused a sexual abuse investigation on him while failing to follow other obvious leads.

As a result, the lawsuit says, Fronczak's civil rights have been violated and his life ruined.

Fronczak, a 51-year-old music teacher, was arrested in 2004 and charged with capital sexual battery and lewd and lascivious molestation. Authorities accused him of sexually abusing two girls in his classroom at Southern Oak Elementary in Largo while other students watched videos.

But in a trial this past summer, a jury found Fronczak not guilty after deliberating for about 40 minutes.

The case began in December 2003 when the mother of one of the girls found blood spots on her daughter's underwear. The girl was 8 years old at the time.

The prosecution's case suffered from numerous problems. One was the mother's testimony that the bleeding started on Nov. 27 of that year - Thanksgiving Day. School had been closed all week and the girl had not been in Fronczak's class for 10 days.

Also, child witnesses - including the second girl - gave inconsistent statements and changed their accounts.

But the problems with the case went deeper, the lawsuit says. It alleges sheriff's detectives failed to consider the flawed timetable and neglected to pursue evidence that:

The first girl had seen her older sister masturbate.

The older sister was sexually molested by a babysitter who continued to work for the family.

The older sister also experienced bleeding from her private area at the same time but was not a student of Fronczak's.

The suit alleges that investigators used "suggestive questioning" to elicit answers they wanted to hear. It says they interviewed 290 students at the school but took no steps to counteract rumors among children that may have influenced their statements to investigators.

Sheriff's Sgt. Jim Bordner said the agency had not seen an official copy of the suit and could not comment.

Fronczak's attorney, Ronald J. Kurpiers, filed the suit Thursday in U.S. District Court in Tampa. Bordner said the agency would provide legal representation for the four detectives, who were listed as defendants individually.

The detectives are Anthony G. Stevens, who led the investigation; Stephanie Joy Campbell, a supervisor on the case; Misty T. Manning; and Darlene L. Allen.

The lawsuit says Manning and Allen assisted Stevens and had investigated two previous allegations that Fronczak had improperly touched students. Both allegations were unfounded.

"The bottom line is they thought he was guilty, and they set out to prove it," Kurpiers said. He said Fronczak had a right to expect a "thorough and complete investigation" of the allegations.

Fronczak remains suspended without pay from his teaching job pending a hearing this spring to determine whether he should be allowed to return to work. The School Board will make a final decision.

Divorced with two sons, Fronczak was forced to sell his car, paintings, furniture and other belongings to cover living expenses and help pay for his defense, he said in a recent interview.

His life savings are gone and his credit cards are at the limit. A good friend bought his Clearwater home so he can keep living there, Fronczak said. The allegations have prevented him from finding employment, he said.

"I didn't do anything, and that's what kept my sanity," he said. "But to see a lie go this far is scary."

[Last modified March 25, 2006, 01:50:17]