BAKERSFIELD, CA - The retrial began Monday morning in the case that alleges a 16-year-old autistic girl was mentally damaged from a sexual assault on school grounds. It's a civil case against the Kern High School District.
The incident happened in October 2009 at Independence High School. Teachers said two mentally disabled students were found in a school bathroom with their pants down. In court Monday, no one disputed that.
The argument is whether the incident did irreparable damage to the girl. 
17 News was not allowed to record video in the courtroom due to a paperwork error. But, each side laid out their opening arguments.
The Kern High School District's attorney Leonard Herr said a teacher's aide said he heard a girl cry out in a normal way. That teacher then checked in the bathroom and said he found a mentally challenged boy behind a girl with his hands on her hips. The attorney said the teacher's aide said both had their pants down.
The school alleges there is no evidence to suggest anything else happened and that expert psychologists will argue the girl is fine.
The plaintiff, the girl's family, argues since that day the girl has had nightmares and crying spells and this is something the mentally challenged girl will never get over. 
"I'm hoping that loud and clear for all children that are under the Kern County High School system and children in America, that there is a loud clear voice that it isn't harmless to sexually assault a mentally retarded autistic child," said Ralph Wegis, the family's attorney. "It is horrible." 
The Kern High School District declined to comment. 
A mistrial was declared in this case last year. The judge ruled the father mentioned something that had been ruled inadmissible during his testimony on day four of the trial. 
The girl's stepmother, Judy, testified Monday claiming her daughter has changed since the incident. 
The trial is expected to take three weeks. 
Testimony will continue Wednesday due to the judge's conflict Tuesday. 

BAKERSFIELD, CA - Loved ones are mourning the loss of a six-year-old girl and her mother, both killed in a car crash on Highway 99 in Bakersfield Friday night. A 10-year-old girl who survived remains in critical condition.

Those who knew Jamie Robertson say she was a loving mother and a woman of God. As they come to grips with the loss of a dear friend, loved ones gathered to raise money to lay her and her daughter to rest.

"We came south on the 99 and that's when I saw our car underneath the diesel, my daughter and Jamie," said Jonathan Robertson.

It's been three days since Jonathan Robertson lost his wife, Jaime, and her six-year-old daughter in a fatal car crash on Highway 99.

CHP officers say Robertson was with her daughters, Paisley Myall and Callie Grover, Friday night when she entered southbound Highway 99 from Rosedale Highway, lost control and swerved into the path of a big rig. Officers say the driver of the big rig tried to avoid the car but couldn't, killing Robertson and Myall.

Grover remains at Children's Hospital in Madera, fighting for her life.

"Neither one of them should've been taken. You never expect that to happen to your children. There's comfort that she and Paisley are in heaven," Robertson's stepmother Gayle Rogers said.

"I couldn't ask for a better sister. She was my best friend. She was a loving mother. Her kids were her whole world. That's all she ever wanted to do was be a mom," Robertson's brother John Rogers said.

Robertson's family says they're hoping for a miracle that little Callie overcomes her injuries.

A car wash was held Monday to raise money for funeral expenses, but it was also a time to remember the loving mother of eight and a child gone too soon.

"She loved. She loved hard. She loved strong. She loved passionately, and she was one of the best women I've ever had the honor of being a part of her life," said close friend Michelle Stansbury.

There is an account set up to collect donations for funeral expenses for Robertson and her daughter Paisley.

www.giveforward.com/fundraiser/xdj4/jamie-and-paisley-memorial-fund.