Published: July 22, 2008 09:03 pm            

COURTS: No decision on Chiarella dismissal

A City Court judge has scheduled another hearing in an effort by the attorney for a Niagara Falls High School teacher accused of engaging “in an intimate relationship” with a 16-year-old female student to have the charges against his client dismissed.

Judge Robert Merino reserved decision on a motion filed by defense attorney James Faso demanding more information from prosecutors. At the same time, he set a mid-September date for Faso and prosecutors to file motions and argue over the defense attorney’s claim that the district attorney hasn’t made “a sufficient case” against Paul Chiarella.

Chiarella, 38, of Rankine Road, faces charges of third-degree sexual abuse and endangering the welfare of a child in connection with a series of incidents involving the student, who was a junior at the high school at the time. He has taught in the Falls school district for eight years, is currently free on a $1,000 bail bond and is suspended from his job with pay.

School district officials have begun efforts to dismiss him from his position.

Faso told Merino his complaint that Assistant District Attorney Claudette Caldwell had not turned over to him all the evidence in the case has been resolved.

“(Caldwell) tells me I have everything,” Faso told the judge. “She said I have everything I asked for and if I don’t have it, she doesn’t have it.”

However, Faso argued prosecutors have not given him a “full bill of particulars” outlining the dates and times when Chiarella is accused of having the inappropriate contact with his victim.

“We think and believe we are entitled to the dates and times (when Chiarella engaged in inappropriate contact with the student),” Faso said. “And we are not satisfied that the best (prosecutors) can do is (an estimate of the times).”

Assistant District Attorney Robert Zucco told Merino he met with the victim last week and she could not be more specific than periods of time in late 2007 and early 2008.

“I’m telling you I can’t get any more specific on this,” Zucco told Merino.

Faso complained that lack of specific dates and times makes it hard to defend Chiarella.

“It is virtually impossible for us to bring in witnesses if I don’t know the dates and times (the victim) is going to testify to,” Faso argued.

Zucco shot back that since Chiarella had been accused of “kissing (the victim) on the mouth” and allowing her to skip class over periods of several days, perhaps the teacher should face multiple counts of sexual abuse and child endangerment.

“We can amend (the criminal complaint) and file five charges,” the prosecutor said.

Faso also argued that the evidence in the case may not be sufficient and Merino said he will listen to that argument in September.

“I believe the sexual abuse charge should be dismissed,” Faso told Merino.

“I don’t believe dismissal is the remedy,” Zucco shot back.

Chiarella was arrested on Feb. 26 after Falls police investigators said they had evidence that the he befriended the student and on several occasions “kissed her on the mouth and neck.” He also reportedly allowed the student to “skip class” and hang out in his classroom.

        

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