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Lawyers for three girls who allege they were sexually abused by their teacher are seeking a new trial after a civil jury cleared the National School District of negligence in its handling of the accusations made more than three years ago.

Court documents filed by attorney John Gomez claim the jury was prejudiced against the plaintiffs by testimony that should not have been allowed in the case. He also alleges lawyers were hobbled by being barred from questioning teacher Alejandro Ochoa about the claims of sexual abuse.

The district was sued for negligence in 2014 by the girls, who accused Ochoaof touching them inappropriatelyand exposing himself to them.

The plaintiffs were identified in the complaint as Isis R., Tamar R. and Vanessa T. They wereall students in Ochoas third-grade class at Palmer Way Elementary School in National City in 2013 when Isis R.told her mother about the alleged conduct.

The other girls stepped forward later.

Ajury decided Nov. 17 that Ochoa did not sexually abuse any of the girls. Thedetermination cleared the district of any wrongdoing.

Among the court proceedings that are alleged to have prevented a fair trial was testimony from a National City Police Department detective. He told the court Ochoa was never arrested or charged in connection with the accusations.

The motion for a new trial, filed Jan. 6 in San Diego Superior Court, claims that testimony is inadmissible in a civil case.

Ultimately, jurors were tainted by the perception that simply because law enforcement did not pursue charges, the sexual abuse as alleged in the complaint must not have happened, according to court records.

The argument for a new trial also cites the detectives additional testimony that he did not believe the alleged sexual abuse took place because he did not believe Plaintiffs or their reports of abuse to be credible.

According to the motion, witnesses are not allowed to express an opinion about guilt or innocence, or the veracity of particular statements made by another.

Lawyers also believe a new trial is warranted because they were not allowed to ask Ochoa in open courtif he sexually abused the girls.

The attorneys wanted jurors to be able to judge his demeanor and response to the question. They also claimthey were entitled to know whether Ochoa asserted his Fifth Amendment right against self incrimination.

But they were prohibited from doing so by San Diego Superior Court Judge Timothy Taylor, whocautioned them to not intentionally ask a questionthat would illicit a Fifth Amendment assertion by Ochoa before the jury, according to the motion.

If such a question were asked, the defense was told to object before Ochoa could answer. The jury was to be excused, and then Ochoa could take the Fifth.

The court documents claim the proceeding was wholly improper, as a party who exercises the privilege must accept the civil consequences of silence.

A hearing on the request for a new trial has been scheduled for March 17.

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New trial sought in lawsuit against district - The San Diego Union-Tribune