Published: November 04, 2009 11:13 pm      

HEARING: Return to school rejected

A City Court judge has rejected a request to allow a Niagara Falls High School student accused of raping another student to return to classes.

Judge Angelo Morinello said he would not modify a court order of protection that bars Nicholas D’Angelo, a junior at the high school, from being on school grounds. D’Angelo’s attorney had asked for the change in the order of protection because “the (Falls School) District is unable to provide appropriate home schooling.”

Attorney Mary-Jean Bowman said D’Angelo, a member of the swim team and an honor student, takes accelerated classes and tutors are unable “to keep up with him, especially in math.”

D’Angelo, 16, has been charged with first-degree rape and first-degree criminal sex act. He is currently free after posting $10,000 bail.

Assistant District Attorney Robert Zucco, who was unable to attend the hearing, told Morinello he was opposed to any modification of the court order barring D’Angelo from the high school. Zucco told Morinello a modification of the order would “cause anguish” to the 14-year-old victim.

The judge, reading from a letter from the school district, said, “the district can not guarantee the defendant will stay more than 100 feet away from the victim.”

School district assistant attorney Maria Massaro said she doesn’t believe the district has actually been served with a copy of Morinello’s order. However, she did say she had been asked by Bowman about accommodations the district might be able to make to allow D’Angelo to return to school.

“We have, in the past, separated students by changing homerooms and class schedules,” Massaro said. “What we can’t guarantee is when students are passing (between classes) that (the suspect and victim) won’t pass each other.”

Bowman told Morinello the victim’s safety would not be endangered by allowing her client to return to school.

“This was not a stranger abduction where he pulled her into the stairwell,” Bowman said. “They met there by mutual consent.”

Falls police have charged that the incident took place in a stairwell of the high school while classes were in session on Oct. 7.

“Although I sympathize with your client’s educational needs,” Morinello said, “the original order stands.”

The judge scheduled a Nov. 24 preliminary hearing in the case, though it is possible a grand jury could indict D’Angelo before that. Zucco said Monday a grand jury investigation was likely.

“These are pretty serious allegations,” Zucco said. “I imagine the grand jury may look (at the case).”

The prosecutor said he is waiting for additional medical records to review and for a “forensic analysis” of two cell phones. Investigators believe there may be text messages on the phones that could impact the case.

Massaro declined to comment on reports that both D’Angelo and his victim were suspended from school shortly after the incident. She also declined to say whether the victim has returned to classes.

“I don’t know and wouldn’t comment,” she said when asked about the victim’s return to campus.