Published: September 16, 2008 08:16 pm      

COURTS: Chiarella dismissal denied

Teacher’s attorney will press new effort to have sexual abuse charge thrown out

One motion down. One to go.

A Niagara Falls City Court judge has rejected the first of two attempts to have charges in the case of a Niagara Falls High School teacher accused of engaging “in an intimate relationship” with a 16-year-old female student dismissed.

Judge Robert Merino turned down an argument by the attorney for Paul Chiarella that the case against his client should be dismissed because he wasn’t given enough information by prosecutors to prepare a defense. Defense attorney James Faso had argued prosecutors did 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.

In a brief two-page decision, Merino wrote, “the information, with attached supporting depositions, adequately give the defendant notice of the crimes alleged.”

Merino pointed out prosecutors claim allegations of sexual abuse by Chiarella occurred between Jan. 14 and 18.

“This is a reasonably specific time period to give notice to the defendant of the crimes charged,” Merino wrote. “Endangering crimes, by their nature, often occur over a period of time and the allegations relate a reasonably short period when the defendant is alleged to have violated (the law). The time interval is not so large as to prevent the defendant to answer the charges or prepare a defense.”

At a hearing in City Court Tuesday, Faso confirmed he had received Merino’s decision.

“We are certainly disappointed (with the ruling),” Faso told the judge.

At the hearing, Merino also denied a request by Faso for a copy of the student’s school file. Faso told the judge he believed there might be information in the file that would be useful to Chiarella’s defense.

Assistant District Attorney Robert Zucco opposed the request for the student file saying the defense can’t have the confidential information in it “just because Mr. Faso wants to look at it.”

“There has to be a showing that there is something relevant (in the file),” Zucco said, “and it’s not just a fishing expedition for something they might be able to use.”

However, Faso argued that another student, in a statement to a school official, described the victim as “a habitual liar.”

“I believe there may be things in the file that would help the defense,” Faso said. “There is a woman who is going to come in and testify and her credibility will be challenged.”

Merino told Faso, “You’re not getting (the file). (Your request) is overly broad. I think it’s fishing at this point.”

Chiarella, 38, 943 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.

The judge reserved making a decision on one additional motion filed by Faso seeking to dismiss the sexual abuse charge against Chiarella. Faso told Merino the charge should be dropped, “based on the victim’s statement that there was no sexual contact (with Chiarella) whatsoever.”

Zucco admitted the victim made that statement but said the rest of her statement supports the sex abuse charge.

“She gives detailed descriptions of what the defendant did,” Zucco said. “It is the description of the acts, rather than the conclusory label she gives them (that matters). That meets the legal definition of sexual contact.”

Chiarella has taught in the Falls school district for eight years and is currently free on a $1,000 bail bond while suspended from his job with pay.

School district officials have begun efforts to fire Chiarella, but have declined to comment on those efforts.

Chiarella was arrested on Feb. 26 after Falls police investigators said they had evidence 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.

Investigators said the encounters between Chiarella and student occurred “in a secured stage dressing room” at the high school, usually during the last period of the school day.

The relationship began in September 2007 when the student enrolled in Chiarella’s media production class.