Judge to keep courtroom open during hearing in Ritzer death suit

May 27—DANVERS — A judge has rejected a request by the town of Danvers to close the courtroom during an upcoming hearing in the lawsuit filed by the parents of murdered Danvers High School teacher Colleen Ritzer.

Lawrence Superior Court Judge John Lu rejected the town's argument that allowing the public and media to listen to arguments on a motion by the school's architect to dismiss a negligence claim would compromise security at the school.

Lu did indicate that he would address what lawyers can say and which documents they can cite during the hearing, which is tentatively set for next month.

Earlier this year, Lu did grant a similar request by the town to impound the motion filed by DiNisco Design Partnership, and all supporting materials — after the town, which had already been dismissed from the case, intervened.

Lawyers for Peggie and Tom Ritzer say they believe the town is simply trying to hide problems with the school's video security system at the time of the crime — and potentially, since.

"The primary issue in this lawsuit pertains to the video security system that was in place at (Danvers High School) at the time of the attack and murder of Colleen Ritzer," lawyer Daniel Murphy wrote. "DiNisco was responsible for the design and implementation of the video security system. The (Ritzers) have alleged that the video security system was not functioning properly and had it been functioning properly, the attack and murder of Colleen Ritzer could have been prevented or interrupted."

"The clear evidence before the court demonstrates that at the time of the attack, contrary to the system's specifications, the video security system did not allow live viewing, would constantly freeze and crash, and was not operating in a manner to allow the viewers to properly or effectively utilize the system," Murphy wrote in opposition to the requested closure. "Now, the Town of Danvers seeks to close the entire hearing on this important case to shield the public from learning of the real deficiencies that existed in the Danvers High School video security system at the time of the attack on Colleen Ritzer."

Ritzer, 24, of Andover, was in her second year teaching math at the school when she was followed into a restroom by freshman student Philip Chism, 14 at the time.

Chism, who was tried as an adult, was convicted of murder, rape and robbery and is serving 40 years to life in prison.

The Ritzer family filed suit five years ago against the town, a cleaning service and DiNisco, the architect of the renovation and expansion of the school, which re-opened just weeks before their daughter's violent death in 2013.

DiNisco contends that the firm was not negligent and that the security system was functioning as designed.

But the town has taken the lead on seeking to keep details of the case from becoming public, saying that any public discussion of the design and operation of the security system would endanger everyone there.

"Plaintiffs' surviving action against DiNisco Design Partnership raises several issues regarding the design and operation of certain security systems within Danvers public schools," the town's attorney, John Davis, argued in his motion seeking to keep the hearing closed. "Such systems were designed and installed to protect the safety and well-being of Danvers students, faculty, staff and visitors."

Retiring Superintendent Lisa Dana, who has been on medical leave, submitted an affidavit in which she wrote, "To ensure maximum protection, it is essential that the details of such security systems shall not be disclosed or made available to the general public," Dana wrote.

The Ritzers' lawyer argued in a court filing that those arguments are a pretext to prevent public scrutiny, however.

"While Danvers may be embarrassed at the state of the system in 2013, that does not create grounds for closing the hearing," the Ritzers' attorney, Murphy, argued.

"The general public is entitled to know of the security threat and security failures that occurred during the time of Ms. Ritzers' untimely death," the Ritzers' attorney wrote. "If the 2013 security information relates to the current security in place at Danvers schools, it is Danvers' own negligence for maintaining a faulty security system for 8-plus years."

During Chism's 2015 trial, numerous video clips were played for jurors. Some of the clips were in black and white and some in color.

Sgt. Steve Baldassare, who was the school resource officer at the time of the murder, testified during the trial that he had significant difficulty trying to access video from the surveillance system during the search for both Ritzer and Chism that night.

Asked by the prosecutor how that worked out, Baldassare testified, "Not very well."

He described how the computer he used at the school would freeze because it was not compatible with the surveillance camera software. In addition, the cameras "were not numbered in any way that would make sense to anyone using them," he testified at the 2015 trial.

The videos — which took months for Baldassare and Detective Robert Sullivan to compile from locations around the school — were critical evidence in the case against Chism. They show areas of the school and grounds that are covered by cameras.

Those images remain online.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis