Onondaga, NEW YORK

JUDGE ORDERS NEW TRIAL

Dec 18, 2006 - Albert Scerbo, 44, a music teacher at the Onondaga Nation School was arrested and charged with two counts of Sexual Conduct Against a Child, a misdemeanor.

Two of his students, ages 7 and 8, tell police that Scerbo made them sit on his lap during class. They also say he touched them inappropriately on several occasions. Police were alerted by school authorities.

Undersheriff Warren Darby says, "School authorities had apparently gotten wind that there was a potential problem and investigated it themselves and when they thought they did have problem called us in."

Scerbo is out on bail.

Update Mar 28, 2007 - Scerbo was charged with sexually abusing as many as 17 young students between ages 7 and 14. The indictment returned Wednesday charged Scerbo with 17 counts of endangering the welfare of a child, 11 counts of second-degree course of sexual conduct against a child, four counts of first-degree sexual abuse and three counts of second-degree sexual abuse.

Update Apr 4 - Scerbo was arraigned Wednesday on charges of sexually abusing as many as 17 female students between ages 7 and 14. Judge William Walsh allowed Scerbo to remain free on $10,000 bail. A a pre-trial conference is scheduled for Apr 11.

Update Apr 24 - Defense attorney demands names of accusers. Judge adjourned case until May 9 for arguments on motions.

Update May 4 - Scerbo who is free on bail, has been ordered to leave his home and does not have unsupervised access to his children, a 4-year-old girl and a 1-year-old boy.

A pretrial hearing about giving the defense that information has been scheduled for May 15.

TT - New York Times has their own angle: troubled relations between the reservation and increased tensions. Feel free to ignore.

Update May 15 - Pretrial motions are scheduled for June 12. A jury trial is scheduled for July 2.

Update May 30 - The defense has demanded the personnel records of the accusers. A judge agreed but only after he reviews them first to see if the records are relevant.

Update June 5 - The theatrics have begun. Defense asked for a hearing on the role the chiefs played in the investigation, contending that the probe was tainted by how it was conducted by school and nation officials before detectives were notified.

Update June 12 - Case has been postponed until June 26.

Update June 26 - Scerbo's lawyer argued for dismissal. Defense lawyer Edward Menkin claims any victim younger than 9 should not have been allowed to testify before the grand jury without someone other than the prosecutor deciding they were competent to give sworn testimony.

The judge will make a decision in about a week.

Update July 17 - A judge dismissed 7 counts of 35 counts against 13 victims. Trial to begin on July 23.

CONVICTION - The jury convicted Scerbo on single counts of first-degree sexual abuse and endangering the welfare of a child. Both charges involved the same victim. The jury acquitted him on 17 of the 19 charges he faced. Sentencing is set for Oct. 10.

Assistant District Attorney Gary Dawson said he was pleased by the outcome, despite the acquittals. He said the verdict would prevent Scerbo from ever teaching again and having access to children.

INTERESTING article on the investigator for the District Attorney.

APPEALING CONVICTION: Sept 21 - Scerbo is appealing his conviction. His lawyer contends that contends that Onondaga County prosecutors misrepresented the facts and the jury didn't follow the law in reaching a compromise verdict. Scerto is married and the father of two.

SENTENCING DELAYED Oct 10 - After the Syracuse Post-Standard had two articles on the upcoming sentencing, the lawyer for Scerbo asked for a delay in sentencing to file post-trial motions based on the articles.. One article dealt with the probable sentence while another provided the groundwork for an appeal - by interviewing jurors, one of whom says he was pressured to vote guilty on the one charge Scerbo was convicted of and regrets it.

MOTION FILED Oct 30 - Defense lawyer requests a dismissal of the verdict or a new trial, alleging that two teachers on the jury were educators who told other members of the jury during deliberations that Albert Scerbo had to know he was doing something wrong because teachers are trained not to touch children.

Neither the prosecution nor the defense brought up teacher training and standards of behavior during the trial, Menkin said.

Another juror, in a separate affidavit submitted by Menkin, said the two educators' statements influenced the jury.

"There is no doubt in my mind whatsoever that these statements had a very significant effect and impact upon the jury's deliberation and eventual guilty verdict," the juror said in the statement.

The District Attorney will file responding papers Tuesday. They plan to appeal, as well, the judge's decision to dismiss four of the alleged victims from the case.

TT - There is still something very odd about the deliberate media involvement in the story, from the New York Times to the Syracuse Post-Standard and now this Associated Press story.

It is, however, an interesting legal point whether educators on a jury - accepted by both the prosecution and defense - are allowed to bring their own experiences to deliberations. Is a policeman or a lawyer or a victim of some other crime on any jury allowed to share their own experiences with other jurors even when it isn't specifically brought up by either the prosecution or the defense?

Or did the defense think the educators would automatically side with his client?

That still doesn't explain the "racism" issue from the New York Times ' coverage or the Syracuse newspaper's active role in seeking out jurors and the timing of their story. The fake controversy aspect is intriguing.

NEW TRIAL ORDERED Nov 16 - A judge orders a new trial.

In his ruling, Judge William Walsh ordered a new trial for Scerbo on the ground that the jury's verdict was the product of "improper influence" and not presented evidence.

Feb 6, 2008 - Scerbo has been convicted of illegally possessing a handgun without a permit. No sentencing date given.

SENTENCED on WEAPON CHARGE - April 4 - Scerbo was sentenced to a one year conditional discharge on the weapon charge. Scerbo cannot posses a gun and must stay out of trouble for the next year.