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John Moriello's NYSSWA blog
Friday, July 25, 2008: Plea offer on the table in Wilson baseball bus attack case
   Leading off today: The attorney for at least one victim in an alleged sexual assualt aboard the Wilson High baseball team bus is preparing to sue the school district for not providing adequate protection against such an incident, WBEN-AM reported today.

   "What we are looking at is that a year ago the school district was aware that there was a problem, and they took a step, and a correct step at that point, to address the problem and put a coach on the back of the bus." said attorney Chris O'Brien, who has filed a notice of claim against the district. "For some inexplicable reason this year they decided not to do that, and sadly we all know what happened as a result."

   Three teen players are facing a trial after state police say they started punching and kicking some team members April 17 before the incident escalated to sexual abuse of another player. Coaches William M. Atlas and Thomas J. Baia are suspended with pay from their teaching positions. Each faces three counts of misdemeanor child endangerment.

   "I look forward to taking their deposition to find out what was in their mind and why they sat in the front of the bus," O'Brien said.

   Meanwhile, The Buffalo News reported an attorney for one of the accused teens said he is recommending his client reject a plea offer that would "sidestep" a felony charge but not guarantee youthful offender status. Kevin P. Shelby said the deal from the Niagara County district attorney’s office is too severe for what he compared to a fraternity initiation and which, he added, had no sexual overtones.

   "I’m not one of these lawyers that runs around and says my client is the Lord and savior, OK?" Shelby said. "There was hazing that went on here. Now to what degree . . . is in dispute."

   The plea offer sent to the lawyers of the three players consists of a charge of forcible touching, a class A misdemeanor, and three counts of second-degree hazing, a violation, Shelby said.

  
   "The original charge (of sexual abuse) was not provable without medical evidence," Shelby said.

   District Attorney Michael J. Violante said on Wednesday his office was still in the decision-making process and that he'd like to see a resolution by the start of the new school year.

   California wrestler dies: A 17-year-old Downey, Calif., high school wrestler died Sunday from complications of a drug-resistant staph infection and a teammate was being treated for the illness.

   Noah Armendariz died from methicillin-resistant Staphylococcus aureus, or MRSA. He had developed a rash and flu-like symptoms after returning from a wrestling camp in Lake Arrowhead last month, said his mother, Cynthia Magana.

   A teammate who did not attend the camp tested positive for staph a week after Armendariz became ill but his condition is not serious, Downey High coach Miguel Soto said, adding four other wrestlers got rashes but tested negative for staph.

   MRSA is resistant to some antibiotics but can be treated with other medications. About 90,000 people fall ill each year in the United States from MRSA. In 2005, about 18,650 died from MRSA infections, the Centers for Disease Control and Prevention reported.

   Liverpool board acts: The Liverpool school board on Tuesday approved the use of state money for the removal of the artificial turf at its high school stadium and repair work on the surrounding track.

   Once the turf is removed, the district can begin track repairs that were approved in a May 2007 capital project referendum. Two subsequent votes to overhaul the entire complex after the turf field was ruled unsafe late last year failed.

   Extra points: Matt Krueger, a sports reporter for the Bee Group Newspapers in suburban Buffalo, qualifier for this week's Empire State Games in Binghamton as a foil fencer.


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