As the Wilson hazing case nears an end, shades of gray remain

   The defense asserted all along that the prosecution had a weak case against two Wilson High School baseball coaches, and maybe they were right.

   The Niagara County District Attorney's office moved to dismiss the charges Monday, the day a jury was to be selected for the trial of William M. Atlas and Thomas J. Baia.

   They had been charged with child endangerment misdemeanors for allegedly failing to stop a hazing attack on some junior varsity players by varsity players as the team bus drove home from Niagara Falls after a game April 17, 2008.

   Now, they'll get their jobs back, and they've called a news conference for Wednesday. Don't be surprised if the state police take it on the chin there.

   Assistant District Attorney Robert A. Zucco wouldn't say why the charges were dropped - especially now instead of more than a year ago, tens of thousands of taxpayer dollars later, as the Wilson district, in line with its teachers' union contract, paid for the coaches' defense.

   In line with the usual situation in the case, the court files were sealed. Along with the closed-door testimony in the trial of two former players last week, it continues to mean the public will still not know what really happened and whether the state police did their job properly in arresting the coaches, and in charging three players with felony sexual abuse - charges that later were replaced with non-sexual misdemeanor and violation counts.

   Maybe the whole thing was malarkey to begin with. Or was it? A system that covers up the facts in an effort to protect teenage defendants makes it hard to know.

   Terrence M. Connors, attorney for the parents of one of the boys who says he was roughed up, says he will sue the school district by the end of the month. And if that ever goes to trial, well, there's no such thing as youthful offender status in a civil suit.

   Connors insists that something bad happened on that bus, and something bad had been happening in Wilson baseball for a long time.

   "Our case was never dependent on the criminal case against the coaches. Our focus is to stop practices that should have stopped a long time ago," Connors said Monday. "Those who were charged with the responsibility of protecting those kids failed in their responsibility, and that's from the top down."

   Zucco tried to enter evidence that hazing had been going on in Wilson baseball for years, and the coaches knew about it. In fact, one of the players charged in this case said he was a victim a couple of years ago.

   Town Justice George R. Berger barred that evidence from use at a trial, but as Zucco said in an interview with The News several weeks ago, "Just because the evidence isn't admissible doesn't mean it doesn't exist."

   The rules are different in civil suits. The evidence may well come in. And perhaps, at long last, we'll know whether it was the cops or the ballplayers who were out of control.

-- Thomas J. Prohaska

 

Comments

[Gomer]

I loved the way Ch 4 proclaimed this as "shocking." They must have not followed the story, the case was full of holes from the start.

[ZAK]

Two adult people should be watching theses kids on a bus. No parent should ever have to have one of their children assaulted by some bullies. As usual, the school protects it's own. Take revenge kid's!!

[Buffalo Libertarian]

What really happened on that bus? Only the shadow knows!

But the case is a good reason why the media should only report that someone (no names) was charged with an unspecified crime and then, after the trial, tell whether the unspecified person was guilty or innocent.

[Chris]

ZAK,

1. You're right, no parent should have to have their kids assaulted by some bullies. Good thing it didn't happen on a Wilson baseball bus!
2. The school had absolutely nothing to do with the ruling. That was based on truth. The judicial system is set up so lies are hard to prove.
3. Sit in on a 3rd grade classroom so you can learn how to use apostrophes correctly.

[knock knock]

The reason so many of us are in the dark about this case still, is the fault of the justice system. This case should have been held in an open courtroom...as are all cases with criminal charges in NY state(non-family court)...even if the defts are eligible for YO status, upon conviction!
Many, many defts ages 16-19 have pled guilty to and have been tried for criminal charges in all open courts in NY state... and after guilt was determined had their convictions sealed..not the facts of the trial or plea held in a taxpayer courtroom...sealed!
The judge..from my experience in the legal forum...appears to have been prejudiced from the start..as he ordered the courtroom sealed...huh?...because the defts were YO eligible and he was going to find them not guilty.... as it appears to someone familiar with the court process.
This is a travesty of our justice system and if this judge believes he can seal a public courtroom...then why not seal the courtroom of all defts 16-19..blacks.. esp and whites.
This is not happening in any other courthouses...and why is that Buffalo News...you can provide the answers and the law that was used for their benefit.. I imagine.
Aren't we all here to keep our judicial system honest and ethical...as we are to get to the truth of this bizarre story with actual facts played out for the public to view?
Transparency in the system appears to be an option for some..esp blacks and for others ... it appears to be eliminated!
This was not Family Court..they were charged as adults and were tried as adults!