Several charges against the defendants in the Wilson hazing case were dismissed Tuesday in Wilson Town Court days after statements made by one of them were suppressed.
Justice George Berger ruled Friday that statements made by defendant Geoffrey Seefeldt, 18, to state police would not be admissible in court because investigators did not allow him access to an attorney during the interviews.
Seefeldt had been charged with three counts of third-degree forcible touching, three counts of first-degree hazing and one count of second-degree hazing.
Two of the first-degree hazing charges against Seefeldt were dismissed Tuesday.
Colton Sherman, 17, had been facing two counts each of first- and second-degree hazing. Both the first-degree hazing charges against him have been dismissed.
No charges were dismissed for the third defendant, 17-year-old Christopher Sidote. Sidote still faces one count each of first- and second-degree hazing.
Sherman and Sidote are each also charged with one count of forcible touching.
Berger said the charges were dismissed because the evidence supporting them was insufficient.
The teens will be back in court March 10 to discuss setting a trial date.
The teens were varsity baseball players last spring, when they are accused of assaulting three junior varsity players in the back of a Wilson school bus April 27.
Seefeldt’s attorney, Mark Guglielmi, said investigators knew he was representing Seefeldt when they brought the teen in for questioning.
“They were aware of my representation of this defendant, and specifically for these allegations, and they still brought him in for questioning him without notifying me and having me present,” Guglielmi said.
Sidote’s attorney, Andrew Vona, said the hazing charges that were dismissed relate to two of the alleged victims. In those cases, there was insufficient evidence of physical injury, which would support the first-degree hazing charge.
The evidence in regards to the third alleged victim “is at least enough at this point to go forward,” Vona said.
Kevin Shelby, Sherman’s attorney, and Vona both said they are open to talking with the district attorney’s office about a possible plea deal.
If the case goes to trial, the proceedings will likely be held on a Saturday and would be presided over by Berger.
Assistant District Attorney Robert Zucco said it would be better to schedule a block of time on the weekend rather than take up time on a regular court night.
“Conceivably, it could be a number of Saturdays,” Zucco said. “More than two Saturdays.”
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