Two players in Wilson case acquitted
Vindicated teacher-coaches say overzealousness of investigation has ruined their reputations; State Police stand by investigation
WILSON — Two 17-year-old Wilson High School baseball players have been acquitted on all charges in the controversial case of alleged horseplay on the team bus last year.
Town Justice George R. Berger, in a ruling disclosed this morning, found the defendants not guilty of forcible touching, child endangerment and first- and second-degree hazing.
He offered no explanation for his decision.
"All it says is, it lists the counts and says not guilty," said P. Andrew Vona, attorney for one of the players.
Meanwhile, the State Police's chief inspector issued a statement late this afternoon saying they have completed a related internal investigation and determined "all investigative and police actions concerning this matter were in accordance with State Police Rules and Regulations."
In a statement e-mailed to reporters this afternoon, State Police Colonel Anthony Ellis said allegations brought by the spokesman for the two coaches spurred the investigation.
"The review concluded that a thorough and proper investigation was conducted and the matter is now closed," Ellis said. "State Police [i]nvestigators conducted a thorough and complete investigation into the Wilson hazing allegations," the statement continued. "The arrests which followed were based on probable cause."
Vona said he informed his client about this morning's decision via a text message.
Kevin P. Shelby, attorney for the other player, was not immediately available for comment.
"After having gone through the trial, I think it's the appropriate verdict," Vona said. "We believe we deserved it."
The announcement did not deter lawyers representing the three alleged victims in civil cases aimed at the Wilson School District.
"I'm looking forward to the civil case and depositions," said attorney Chris O'Brien, who represents one of the three.
O'Brien said state police have written statements from those aboard the bus April 17, 2008 that will bolster his case.
The torment has continued for his client since that day, he said, including the unannounced arrival back in school of the teens charged. One of those players sat next to his client in a class, he said, adding that the boy he represents has transferred to a different district.
"Somewhere along the line," O'Brien said, "the school district decided the victims were the real problem."
Today's annoucement of the verdict comes a day after the coaches charged in connection with the case held a press conference after child endangerment charges against them were dismissed.
“In a determined campaign by law enforcement, in the blink of an eye, I erroneously became the teacher, the coach, who willingly and knowingly allowed children to be hurt. That is a lie that I will not let stand,” Thomas J. Baia said to the media and about 50 local residents gathered around his backyard porch.
The verdict involving the players ends the criminal cases in the hazing controversy, but the wounds that they opened continue to run deep.
Those wounds seem likely to continue to fester in this lakeside community, if the Wednesday afternoon news conference called by two coaches is any indication.
Though billed as a celebration, the gathering featured some harsh words.
Baia and fellow teacher-coach William M. Atlas, who saw charges dropped against them two days earlier, lashed out at state police, contending that an overzealous investigation has ruined their reputations.
A spokesman for the coaches maintained that the case began because of a lie.
And the parent of one of three teenagers charged in the case accused the families of the alleged victims of blowing the matter out of proportion to win money in civil court.
Throughout the 40-minute news conference, Atlas and Baia were applauded by supporters who carried signs with slogans that included “Innocent Since Day 1.”
Mike Paul, spokesman for the coaches, went on the attack against the complainants.
“A hysterical parent calls a friend in the State Police and guesses what might have happened in the back of a bus” was how Paul described the start of the case.
The anger has had a long time to build in this community of roughly 6,000, about 30 miles north of Buffalo.
It started in April of last year, on a team bus ride back to Wilson after a pair of baseball games in Niagara Falls. Three varsity players were accused of abusing three junior varsity players in a case that took on sexual overtones.
Baia and Atlas were accused of failing to intervene during the alleged incident, and there were allegations that similar incidents had occurred in the past.
As the case unfolded, it became clear that prosecutors had no evidence that any previous horseplay by players had involved sexual assault.
The coaches were cleared of child-endangerment charges Monday when the prosecutor, without explanation, moved to dismiss the misdemeanor counts on the day that jury selection for a trial was to have begun.
At first, three players were charged with felony counts of aggravated sexual abuse. The Niagara County district attorney’s office eventually dropped those charges and replaced them with misdemeanors of forcible touching and hazing.
One player, now 19, pleaded guilty June 9 to child endangerment and is awaiting sentencing. The other two, now 17, went through a four-day nonjury trial that ended July 1 -- and now their case is over.
"I hope this is a point where the community can move forward from this, Baia told The Buffalo News this morning. "I hope this is the last decision and everyone can move on. The court of law has spoken."
Asked if the two players would be welcome back on his team if he's returned to coaching, Baia said, "I would guess that would be a decision up to the school. From my point of view, of course I would."
Atlas said, "I don't think this was really about the kids. I think it was about the parents. I have no ill will against the kids. I'll coach any kid anytime."
The players were tried behind closed doors for four days, a nonjury proceeding to be decided by Judge Berger. State law entitled the teenage defendants to a closed courtroom because if they had been convicted, they would automatically have received youthful offender status.
About eleven witnesses testified, nine students and two state police investigators.
Paul, the coaches’ spokesman, demanded disclosure of the results of an internal state police investigation into how the case was handled, at least to the extent of revealing how many officers would be disciplined. He said the disclosure of names would not be necessary.
“We just want proof this will not be shoved under the rug,” Paul said, although he never mentioned that he requested the probe.
There is a deep frustration with the attention the case has wrought on Wilson.
Resident Marge Clark said that she knows both of the coaches and that one of her sons played soccer for Baia. She said she believes that the town’s name has been damaged because of the case.
“People from out of town — that’s all they think about when they think about the town of Wilson,” she said. “And that’s unfortunate, because Wilson really is a wonderful community.”
Baia said the low point of the last 15 months for him came at a Lockport hamburger stand, when a toddler walked toward him and the toddler’s father said, “Stay away from my son. You’re a child molester.”
“Those lying words ripped into me like a chain saw and still hurt me today,” Baia said.
Baia and Atlas insisted repeatedly Wednesday that they saw nothing wrong on the team bus ride from Niagara Falls. Baia said everything seemed normal and high-spirited on the ride. He said that his own son, then 6, was in the back of the bus and that he would not have placed the boy in harm’s way.
He said that even though he was in the front of the bus, for most of the trip he and assistant coach Jerry Kadryna were looking toward the rear, where junior varsity players allegedly were roughed up by three of their varsity counterparts.
Court papers filed by the prosecution in the case asserted that the players formed a huddle in the aisle so the coaches, in the front of the bus, couldn’t see what was happening. Baia, Atlas and Kadryna all said they saw no such huddle.
Baia said, “Never, never would I allow a student to be physically abusive to another student.”
Kadryna said Atlas and the other assistant coach, John Thilk, were seated across the aisle, also in the front.
“I pride myself as a disciplinarian,” Atlas said. “Every player I ever coached knows if you break the rules, there are consequences.”
The coaches also said no player complained to them after the bus ride about anything that had occurred.
In an interview after the news conference, the mother of one of the defendants faulted the parents of the boys who said they were tormented by teammates. “They’re raking [the coaches’ names] through the mud so they can get their cash,” the former player’s mother said. “They’ve even put their kids on the line for cash. You want to know what their motivation is? It’s a civil suit, and they want money.”
“I don’t find those comments worthy of a response,” said Terrence M. Connors, the complainants’ attorney, who reiterated that he intends to file a suit by the end of the month.
Baia and Atlas said they would like to return to coaching when school opens in September, although they said they have not yet talked about baseball next spring.
They have been suspended from their teaching and coaching jobs since they were charged nearly 15 months ago. Baia is a sixth-grade math teacher at Wilson Middle School; Atlas is a physical-education teacher at Thomas Marks Elementary School.
The Wilson School Board is expected to vote Tuesday on whether to reinstate Baia and Atlas to their teaching jobs.
The district has spent more than $200,000 on the coaches’ defense and on substitutes.
tprohaska@buffnews.com and abesecker@buffnews.com
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