Verdict is awaited in Wilson hazing case
Judge delays ruling on two 17-year-olds
WILSON — The trial of two former Wilson High School baseball players in a hazing case ended Wednesday night, except for the most important part — the verdict.
Town Justice George R. Berger reserved decision on the guilt or innocence of the two 17-year-olds, charged with forcible touching and first-and second-degree hazing in connection with the April 17, 2008, incident that rocked this community.
Berger did not say when he will issue his ruling. “He said he would do it in as timely a fashion as possible,” Assistant District Attorney Robert A. Zucco said. P. Andrew Vona, attorney for one of the 17-year-olds, said he expects to be notified of the decision in the mail.
But there was speculation among the attorneys that because of the possible impact of the decision on the jury pool for next week’s trial of the team’s former coaches, Berger would wait until after that is completed.
Ex-coaches Thomas J. Baia and William M. Atlas are to be tried, starting Monday morning, on charges of child endangerment for allegedly failing to stop an assault on some of their players.
Unlike the teenagers’ trial on charges of roughing up some of their younger teammates, which was held entirely behind closed doors, the coaches will be tried in open court.
The teens were not entitled to a jury trial, and state law required it to be closed unless the defense chose otherwise. That’s because a conviction on a misdemeanor or a violation would bring automatic youthful-offender status, which also is why The Buffalo News has not published the teenagers’ names.
A third former player, now 19, pleaded guilty to child endangerment May 28 and is to be sentenced by Berger on Aug. 18.
At the end of the testimony Wednesday, defense attorneys moved for dismissal of the charges, but Berger reserved decision on that, too. He had refused to dismiss the charges when the defense sought that several months ago.
The News learned that the final witness in the trial was the main complainant, a junior varsity player who said he was assaulted by the varsity players on a team bus ride home from a game in Niagara Falls.
He was on the witness stand for nearly four hours over two nights, according to community members who were waiting outside the courtroom as an expression of support.
The same boy has retained Terrence M. Connors, a prominent Buffalo attorney, to file a civil suit against the school district. That suit is expected to be filed by the end of July.
Zucco said he called about a dozen witnesses in the four-day trial. Vona and his defense colleague, Kevin P. Shelby, called no witnesses of their own.
As in a jury trial, in order to convict, Berger would have to determine the defendants’ guilt beyond a reasonable doubt.
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