Published: September 29, 2008 09:49 pm      

COURTS: Chiarella denied again

Judge rejects second attempt to dismiss sex abuse charge against NFHS teacher

For the second time in two weeks a Niagara Falls City Court judge has dismissed attempts to have charges against a Niagara Falls High School teacher accused of engaging in “an intimate relationship” with a 16-year-old female student thrown out.

Judge Robert Merino rejected a move by the attorney for Paul Chiarella to have a sexual abuse charge against him dismissed because the his victim, in a statement to police said, “ we never had any sexual contact whatsoever.”

In his decision, Merino ruled that “the information in the complaint (against Chiarella) is sufficiently detailed (to sustain the charge).”

The judge also agreed with prosecutors who had argued that regardless of the victim’s “conclusory” statement, other information she gave police was sufficient to charge Chiarella.

“Sexual contact means any touching of intimate body parts,” Merino concluded after reviewing state law and other recent court rulings. “There are (allegations) that touching took place.”

Outside the courtroom, prominent Falls defense attorney James Faso, who is representing Chiarella, expressed disappointment with Merino’s ruling.

“Disappointed for sure,” Faso said. “I thought with (the victim’s) statement they’d dismiss the sexual abuse (charge).”

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 also again denied a request by Faso for access to the victim’s school file.

“At this point it’s denied,” Merino said, “but depending on the evidence at trial, we can review it.”

Faso had argued there might be information in the file that would be useful to Chiarella’s defense. Prosecutors had opposed the request, calling it a “fishing expedition for something they might be able to use.”

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

Merino had previously denied a move by Faso to have the case against Chiarella dismissed because he wasn’t given enough information by prosecutors to prepare a defense. Faso claimed that 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 decision, Merino wrote that, “the information, with attached supporting depositions, adequately give the defendant notice of the crimes alleged.”

The judge pointed out that prosecutors claim the sexual abuse by Chiarella occurred between Jan. 14 and 18.

Over objections from prosecutors, Faso asked that a trial for Chiarella be delayed until January 2009.

“I would just note the victim and the (Falls) school board are eager to get this resolved,” Assistant District Attorney Robert Zucco said. “(Chiarella) is on a paid administrative leave and that’s another three months of someone being paid by the taxpayers and sitting around and doing nothing.”

Merino said jury selection for a trial would start on Jan. 14, 2009.

Chiarella has taught in the Falls school district for eight years and is currently free on a $1,000 bail bond.

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 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.