CBS/AP/ February 1, 2012, 12:35 PM

Bail in L.A. teacher abuse case raised to $23M

Updated at 2:59 p.m. ET

LOS ANGELES - Bail for a former elementary school teacher accused of taking bizarre photos of children in his classroom for a sexual thrill was raised Wednesday to $23 million, as parents questioned why they weren't notified when the pictures were found more than a year ago.

Mark Berndt, 61, appeared in court for the first time after being charged with committing lewd acts involving 23 boys and girls, ages 6 to 10, between 2008 and 2010.

The tall and graying Berndt, represented by public defender Liz Braunstein, seemed calm in court as he spoke only to acknowledge his identity and birthdate and agreed to have his arraignment put over to Feb. 21.

He has made no statements to authorities, said sheriff's spokesman Steve Whitmore.

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Deputy District Attorney Ana Maria Lopez requested the increase in bail from the initial $2.3 million amount. District attorney's spokeswoman Sandi Gibbons said the initial bail figure was an error because the presumptive bail is $1 million per count.

The investigation of Berndt began when a film processor in Redondo Beach found more than 40 photos more than a year ago, according to the Sheriff's Department, which was given the case by Redondo Beach police in late December 2011.

Sheriff's investigators went to the school and found it was closed for the holidays, Gibbons said.

Los Angeles Unified School District Superintendent John Deasy said he was notified of the investigation last January and removed Berndt from the classroom the same day. The school board then fired the teacher, Deasy said.

(Watch Bill Whitaker's report on the Los Angeles teacher sex abuse case for "CBS This Morning" at left.)

Berndt actually was able to resign soon after being fired - a move that allows long-time teachers to keep their pension, CBS station KCBS-TV in Los Angeles reports. Deasy said that no sex acts were involved.

Berndt was placed under surveillance by authorities then arrested Monday at his home in Torrance. He could face life in prison if convicted.

Investigators have provided few other details about the timing of the investigation.

"If it wasn't for the film processor, this could still be continuing today," said sheriff's Lt. Carlos Marquez.

Some parents picking up their pre-kindergarteners at the school on Tuesday complained that officials at the school in South Los Angeles should have notified them when the photos were found.

"My concern is why, if the principal knew this in advance, why didn't he inform us?" said Gloria Polanco, the mother of a second- and a third-grader. "How long has he been doing this?"

The probe began after the film processor, who is required by state law to report suspicions of child abuse and molestation, turned over some 40 photographs to authorities.

About 400 photos were found at Berndt's home and at the photo lab during subsequent searches. It's not clear how many different children were pictured. At least 10 youngsters in the photos have not yet been identified.

Some photos showed Berndt with his arm around children or his hand over their mouths. Some photos showed children with live bugs the size of hissing cockroaches on their mouths or faces.

Others depicted girls with what appears to be a spoon up to their mouths as if they were going to ingest a clear-white liquid. Children were fed Berndt's semen from a spoon or on cookies, Marquez said.

Kids reported being fed something distasteful. A blue plastic spoon and container found in the trash in his classroom tested positive for his semen, authorities said.

Police recommended the children in the photos be tested for sexually transmitted diseases. There also may be more victims given the length of time that Berndt taught at the school, Marquez said.

Authorities could have arrested Berndt on misdemeanor charges when the investigation began but chose to build a stronger felony case, Marquez said.

At first, neither the parents nor the children believed they had been molested, so there wasn't much reaction, according to Whitmore. It was only after the matter of the semen was raised that they became alarmed.

Berndt, who has no previous arrest record, is not believed to have had contact with children during the investigation. The childless bachelor lives a few blocks from two parks and an elementary school.

As for surveillance of Berndt, Whitmore said, "It was routine. It wasn't 24-7. We knew his whereabouts."

The incidents occurred during school hours but not all the children were his students, Marquez said.

"The reason some of the kids are not his students, per se, is that during the lunch breaks or recess, he'd go out to the playground and entice them back to the classroom," Marquez said.

"They didn't know they were being violated in that manner," he said. "They just thought it was a game."

Berndt was a teaching assistant in the Los Angeles Unified School District in 1976 and 1977 and he began teaching at Miramonte in 1979, according to a district work history obtained by the Los Angeles Times.

Berndt had no disciplinary actions on file and performed up to standards in his last five evaluations over the last decade, according to the document.

Miramonte Principal Martin Sandoval said he wanted to express his sympathy to the children's families.

"My children won't be coming back here," said Kimberly Kirklin, whose teenage daughter was in Berndt's class three years ago. "He preyed on our innocents. He tainted a whole neighborhood."

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
21 Comments Add a Comment
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smittyc says:
Not surprising. This is California folks, where you are a freak if you are not a drug user. Give California another ten years, this won't even be a crime then.
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Jaylah54 says:
Glad to hear it. His "bail" needs to be set so high there is never any even remote possibility he'll be able to make it.

And then he needs life-without-parole. Not just life. This abomination should never see the outside of a fence for the rest of his life.
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PourpaixPourpaix says:
This is typical of authorities. In 1998, the feds caught wind of a student involved in selling drugs at the high school in Blaine, Washington. The feds said we gotta let it go on so we can catch the big guy in Canada. Blaine police knew, the high school princpal knew. They all let the drug business flourish in the high school for over a year, protected under the watchful eye of the local and federal authorities. Never did catch the big guy.
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train99 says:
23 million bail.
5000 if it were a female teacher.
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Dr_Pangloss says:
This went on for two years and none of the students blabbed? Let's see how this develops.
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Transatlantique says:
What happened to this man to make him want to do this? There must have been some trauma in his young life as a baby or child to make him this way. He's obviously acting out some abuse he suffered as a child. I wonder what that was? Why is it that the media never asks this question when people get caught for such injustices? He wasn't really born a monster because once he was someone's baby.
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jt92202 replies:
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I was molested for many many years as a child but I don't molest children, I am TIRED of the VICTIM CARD!!! He knows right from wrong, he is an educated person that became a teacher, STOP MAKING EXCUSES FOR PEOPLE LIKE THIS!! YES I AM ANGRY BY YOUR COMMENTS!!!
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AnnieDanny says:
Sounds to me that he WANTED to get caught or else he's going senile, otherwise why would he have taken the photos to a public lab?

I wonder what other creepy stuff this guy has done in his lifetime. The pictures are only from 2008=2010.

And the parents are only learning about this now?

This is a very odd, strange story. I'm very sorry these children had such a creep for a teacher. I hope they are ok, no lasting harm.
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KnowerseekerReturns says:
Yet another reason I'm glad that my wife and I are homeschooling our kids. I grew up in public school from around 1980 to 1995, and things were bad enough *then*.
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take_a_number says:
Just reduce his bail to -$0- Print a good picture and a story about when he will be released, home address and such.
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DenverBroncofan says:
by berlinfoto-2009 February 1, 2012 1:24 PM EST
This teacher is behind the times, he should have used a digital camera, a computer with photoshop elements and an epson printer. He should not have taken his film or digital files to a photo lab.
If none of the 23 students, talked to their parents, then something is wrong, or he did not do anything that terrible.
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Sounds to me you should be arrested ASAP with all your suggestions on how to avoid getting caught.
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