WILSON: Coaches' trial is July 6; jury selection set for May 28

Courts

April 24, 2009

By Joe Olenick<br><a href="mailto:joe.olenick@lockportjournal.com">E-mail Joe</a> The Lockport Union-Sun %26 Journal Fri Apr 24, 2009, 12:05 AM EDT

WILSON — After a year of court proceedings, a July 6 trial date has been set for two former Wilson High School baseball coaches accused in connection with an alleged hazing incident.

William Atlas and Thomas Baia have been charged by state police with three counts of endangering the welfare of a child in connection with an alleged hazing incident last April on a district bus.

Jury selection is slated for May 28.

Three former Wilson varsity baseball players have been accused of assaulting junior varsity players in the back of the bus following a game April 17, 2008 The players’ cases have been adjourned until May 19.

Previously, Assistant District Attorney Robert Zucco made a motion to introduce evidence that he said indicated Baia and Atlas knew the night of the alleged hazing of prior incidents of similar behavior among the players. After the defense had a chance to look at the evidence and respond, Baia’s attorney, Robert Viola, and Atlas’ attorney, Herbert Greenman, both disputed the factual nature of the evidence. Town Justice George Berger ruled Thursday that the evidence cannot be presented at the trial.

Outside, in front of the town court building, community members gathered to lend support for Baia and Atlas. Wilson resident Don Palacios read a prepared statement supporting Baia and Atlas, calling them excellent fathers, husbands, teachers and coaches.

“Unfortunately, they have been unfairly judged by some citizens in Wilson, the media and by law enforcement,” Palacios said. “And another investigation will soon reveal facts about this.”

Palacios declined to mention who had done the third-party investigation, except to say that it shows there was a clear rush to judgment by law enforcement and that the results would be released shortly. The statement also criticized law enforcement’s handling of the case and described the negative effect the case has had on the community.

“We all believe this was a rush to judgment by law enforcement,” Palacios said. “The toxic term of ‘sexual hazing’ was introduced by law enforcement and was simply never the truth. The long shadow cast by this fearful term has marred the reputation of our student athletes, coaches, the entire school district and the Town of Wilson in general.”

The statement said law enforcement officials claimed alleged felony sexual hazing, but over time the charges against the baseball players were voluntarily reduced. Palacios called law enforcement’s actions against Baia and Atlas “both irrational and unjust.”

“It’s a tragedy this case is still in court,” Palacios said. “It should have never made it to the court of law.”

Contact reporter Joe Olenick at 439-9222, ext. 6241.

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