WILSON: Judge imposes limits on evidence in coaches’ case

Courts

May 29, 2009

By Bill Wolcott<br><a href="mailto:bill.wolcott@lockportjournal.com">E-mail Bill</a> The Lockport Union-Sun %26 Journal Fri May 29, 2009, 02:32 AM EDT

WILSON — Prior bad acts or alleged acts of the past cannot be used in the trial of former Wilson High School baseball coaches William Atlas and Thomas Baia.

Lawyers for the former coaches of the team met in Town Justice George Berger’s chambers at 5:30 p.m. Thursday.The judge formally denied a request submitted earlier by Assistant District Attorney Robert Zucco to include evidence of alleged previous incidents of hazing.

Berger's ruling was a blow to Zucco, who made a motion and argued to bring in evidence of alleged hazing prior to 2008. Berger denied the request on April 23, and Zucco had asked for clarification.

Berger said that the prosecutor offered no new facts, and he refused to reconsider his ruling.

The coaches’ case concerns an alleged hazing incident on a school bus ride from a baseball game in Niagara Falls on April 17, 2008.

Three former varsity baseball players face separate court action in the case. Original charges of third-degree aggravated sexual abuse were reduced by the judge to forcible touching and second-degree hazing for Geoffrey A. Seefeldt, 18; Colton Sherman, 17; and Christopher Sidote, 17. Berger has given the defense lawyers and Zucco until June 9 to work out a plea.

In the related case, the coaches, who were on the bus, have been charged with endangering the welfare of a child. The prosecution has alleged that coaching staff knew of hazing problems prior the April 17 incident.

The jury selection date in the coaches’ case is set for July 6. Baia is represented by Robert Viola of Lewiston and Atlas is being represented by Herbert Greenman.

According to Viola, the six-person jury will be selected from a county pool, not just residents of Wilson.

Viola said the alleged acts of the past had no bearing on the case. “We disputed that they even existed, and it won’t be permitted as evidence,” Viola said. “It is not pertinent.”

Thursday’s action by Berger had nothing to do with the case against the young men, according to Attorney P. Andrew Vona of Lockport ,who represents Sidote. “The district attorney was seeking to introduce some prior actions, bad acts, that are not part of this case,” Vona said. “There is no prior bad action on the part of the boys.”

The state police internal affairs unit is investigating allegations of improper police action during questioning of the former players, according to state police spokesman Lt. Glenn Minor.

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

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