WILSON: Teens in alleged hazing case working on a plea deal

Courts

May 19, 2009

CASE ADJOURNED: Lawyers will negotiate with DA and be back in court June 9.

By Bill Wolcott <a href="mailto:bill.wolcott@lockportjournal.com">E-mail Bill</a> The Lockport Union-Sun %26 Journal Tue May 19, 2009, 10:42 PM EDT

WILSON — WILSON — The 13-month case concerning three former Wilson Central School varsity baseball players has been adjourned again, but the end may be in sight. The state police investigation into the state police investigation might take a little longer, however.

Town Justice George Berger gave the defense lawyers and Assistant District Attorney Robert Zucco until June 9 to work out a plea agreement for Geoffrey A. Seefeldt, 18; Colton Sherman, 17; and Christopher Sidote, 17. The defendants were silent in front of the judge. The lawyers spoke softly.

The trial date has been set for July 6 for former Wilson baseball coaches William Atlas and Thomas Baia, who are charged in connection with the alleged hazing incident April 17, 2008.

According to WGRZ-TV, the New York State Police in Albany confirmed that it is conducting an internal investigation into allegations of improper police actions in the case.

Defense lawyers had argued in court during a Huntley Hearing in January that state police investigators were overly anxious to interview the teens without legal counsel or a parent present.

A Huntley hearing is a separate proceeding in a criminal case to determine the admissibility of statements made by a defendant to police.

Mark Guglielmi, who represents Seefeldt, and Andrew Vona, who represents Sidote, said they didn’t ignite the Albany investigation.

“I don’t have any information about it,” Guglielmi said. “I’m still trying to get my hands around it.”

A trial date had been set for June 20. If there is a trial for Seefeldt, Sherman and Sidote, Berger ruled it will be held behind closed doors because of the teens’ youthful offender status.

Zucco said a plea deal is a possibility.

“If the right plea comes around, we will take it,” Vona said about accepting a plea deal for Sidote. “They know what it is. They’ve known what it is from day one. We haven’t gotten there.”

He said Sidote will not plead to a misdemeanor and he won’t let his client plead to anything more than what actually happened.

“He would never admit to a crime he didn’t commit,” Vona said. “At most, a lot of kids were harassing a few kids and you can color that any way you want, but that’s really all that happened here. It’s unfortunate that three of these kids have been called from the mix of 20 or 30 as being guilty of that conduct when I don’t think they were any were more guilty than the others.”

Seefeldt, Sidote and Sherman are all charged with first- and second-degree hazing and personal touching. First-degree hazing is a misdemeanor and second-degree is a violation.

Police alleged that the three teens, members of the Wilson varsity baseball team, had sexually abused members of the school’s junior varsity team in a hazing incident during a bus ride home from a game in Niagara Falls.

“I’m not worried about sentencing on harassment on a kid with no priors,” Vona said. “I think they’ve already served a much harsher sentence than anyone in history has served for not having any priors.”

Plea negotiations will be done in the judge’s chambers because it’s a sealed disposition and because they are youthful offender eligible. If it goes to trial, it would be in front of the judge only, and he would close the court room.

State Police Investigators Craig Wing and Thomas E. Gibbons were questioned at length by Seefeldt’s defense attorney, Guglielmi, in January. Berger ruled that statements made by Seefeldt, 18, to state police would not be admissible in court because state police investigators did not allow him access to an attorney during the interviews.

Seefeldt had been charged with three counts of third-degree forcible touching, three counts of first-degree hazing and one count of second-degree hazing. Two of the first-degree hazing charges against Seefeldt had been dismissed.

Sherman had been facing two counts each of first- and second-degree hazing. Both the first-degree hazing charges against him have been dismissed. Sidote still faces one count each of first- and second-degree hazing. Sherman and Sidote are each also charged with one count of forcible touching.

The coaches were charged with endangering the welfare of a child.

Contact reporter Bill Wolcott at 439-9222, ext. 6246.

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WILSON: Teens in alleged hazing case working on a plea deal

<b>CASE ADJOURNED: </b><i>Lawyers will negotiate with DA and be back in court June 9.</i>

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