Lawyer: Accused Miramonte "Tasting Game" Teacher "unjustly suffering behind bars"

Is this the case of an accused man's attorney calling the "waaaaaambulance" or a legit gripe? The lawyer representing ousted Miramonte Elementary School teacher Mark Berndt says "his client is unjustly suffering behind bars," according to CBS2.Victor Acevado spoke with a reporter from CBS 2's radio sister-station, KNX 1070, and said that his client--who allegedly sexually abused young students in the classroom, including engaging them in a blindfolded "tasting game" involving his own semen--is not getting the ol' innocent until proven guilty treatment.
Evidence the system is being unfair to Berndt, says his lawyer, is the space in which he's housed in jail:
“My understanding is that the cell he’s in is very small, it’s like a 9 (foot)-by-3 (foot),” said Acevedo. “He hasn’t been convicted of anything and yet you would think he serving time for a sentence that he was convicted for and is being punished for.”
Berndt is awaiting his next court appearance in relation to the 23 counts of committing a lewd act on a child to which he pleaded not guilty in April. It's expected Berndt's trial will not get underway until January of 2013.