Judge keeps Clyde-Savannah locker room assault case in criminal court
A Wayne County judge Wednesday refused to route to family court charges that three Clyde-Savannah High School students sexually abused a classmate.
Instead, Wayne County Court Judge Richard Healy ruled, the criminal case against the three teens will be heard in what is known as Youth Part, a court more similar to standard criminal court. That court can have more severe penalties, including sentences that can begin in juvenile centers then move to adult prisons when the convicted teen reaches an adult age.
The information about the accused is also public in Youth Part. It is not in family court.
The three teenagers were part of the high school football team and are accused of an assault on a teammate. The accused are 15, 16 and 17 years old.
The school canceled its football season after reports surfaced of the Oct. 31 alleged assault.
Another teenager accused of a lesser role will have his case heard in family court.
Clyde-Savannah assault case stays in Youth Part
Under state statutes, prosecutors must show "extraordinary circumstances" for the case to be heard in Youth Part. Those "circumstances" are "significant physical injury" or use of a firearm or deadly weapon. Sex offenses can also be heard in the Youth Part court.
The three teens are charged with first-degree felony aggravated sexual abuse, which requires the accused to have inserted a "foreign object" into a lower-body part of a victim.
They also are accused of first-degree hazing and forcible touching, both misdemeanors.
Defense lawyers contend that the teenager who was allegedly assaulted showed no sign of physical injury at a doctor's examination and delayed reporting an assault.
He was later examined at an emergency room and, one defense lawyer, Michael Schiano said, medical records show no sign of physical injuries.
First Assistant District Attorney Christine Callanan has argued that there were injuries, and there was a sexual assault, making the case fit the requirements for Youth Part. A grand jury also found evidence of the sexual assault with its indictment of the teens.
The case is scheduled to return to court Jan. 17 for a judge to hear motions from both sides.
— Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. You can reach Craig at gcraig@rocheste.gannett.com. He is the author of two books, including "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."
This article originally appeared on Rochester Democrat and Chronicle: Judge keeps Clyde-Savannah locker room assault case in criminal court
