WILSON: Judge to decide: Dismiss or trial

Local News

January 25, 2009

Verbal arguments end; decision day Feb. 17

By Bill Wolcott<br><a href="mailto:bill.wolcott@lockportjournal.com">E-mail Bill</a> The Lockport Union-Sun %26 Journal Sun Jan 25, 2009, 12:09 AM EST

By Bill Wolcott

bill.wolcott@lockportjournal.com

WILSON — While the district attorney mentioned a possible trial day in March and defense attorneys spoke of dismissal, two Wilson High School seniors sat nervously at a Huntley Hearing on Saturday in Town Court.

Christopher Sidote’s arm shook slightly and Colton Sherman chewed his nails to the quick. Geoffrey A. Seefeldt, a Wilson graduate, testified briefly earlier Saturday and was not in court when proceedings ended about 2 p.m.

Lawyers on both sides appeared confident, but it’s Town Justice George Berger who will make the decision concerning the charges against Seefeldt, Sidote and Sherman.

Further oral arguments were waived by the lawyers who will fax remaining issues to the court by Feb. 2. Berger intends to render his decision Feb. 17.

State police investigators from Batavia, the fathers of Sherman and Sidote, and Seefeldt were cross-examined by District Attorney Robert A. Zucco and respective lawyers. Seefeldt’s mother took the stand Jan. 10.

Attorney P. Andrew Vona of Lockport represented Sidote, Kelvin Shelby represented Sherman and Mark E. Guglielmi represented Seefeldt.

The lawyers brought a motion to dismiss, but recently received a written response denying the motion. “He listed things he feels show sufficient evidence of injury,” Vona said. “I don’t think that’s the case.”

Vona paraphrased the district attorney’s reply as, “We have enough and here’s what we have.”

A Huntley Hearing determines what evidence and testimony will be admitted in a trial. The defense lawyers contend the defendants were denied their Miranda rights by state police investigators. Seefeldt, Sidote and Sherman did not have lawyers while being questioned about the

April 17 bus ride during which members of the school’s junior varsity team were allegedly sexually abused in a hazing incident.

“My contention is that he (Seefeldt) did ask for a lawyer,” Guglielmi said. “He asked for a phone call to his mother to get my name and phone number. His mother had the information. His mother specifically advised the state police of my name and number and I did represent him in proceedings.”

Guglielmi asserts the state police had a obligation to contact him and could not question Seefeldt without the lawyer’s presence.

“We’re relying on the Constitution,” Guglielmi said. “Once an attorney becomes involved for a defendant, he cannot waive his Miranda rights without that attorney’s council.”

Seefeldt, now 19, testified he asked an investigator if he could get his cell phone and call his mother because she had said something about getting a lawyer. He could not call his mother.

When Guglielmi was notified and called state police, he was put on hold. “It goes to our argument that the police were trying to get a statement before I was able to speak with him,” he said. “He did not mention my name specifically. He didn’t know how to say it or pronounce it.”

Shelby insists the case be dismissed for lack of evidence. “They are charged with a violation and a misdemeanor,” Sherman’s lawyer said. “There are two forms of hazing, one is a violation, which is not a crime. Also, misdemeanor hazing involves physical injury. That’s what didn’t happen.”

The Wilson trio was originally charged with a felony, which was reduced to a misdemeanor.

“If they went to a violation,” Shelby said, “I would plead guilty to that because that’s what happened on the bus.”

Contact reporter Bill Wolcott

at 439-9222, ext. 6246.

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Verbal arguments end; decision day Feb. 17

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