NIAGARA FALLS SCHOOLS: Defense asks judge to dismiss sex abuse charges involving former student.

September 7, 2008

By Rick Pfeiffer<br><a href="mailto:pfeifferr@gnnewspaper.com">E-mail Rick</a> The Niagara Gazette Sun Sep 07, 2008, 10:53 PM EDT

The attorney for a Niagara Falls High School teacher accused of engaging “in an intimate relationship” with a 16-year old female student, has filed another motion seeking to have the charges in the case dismissed.

The request to have the charges against Paul Chiarella thrown out comes even as the defense and prosecutors wait for Falls City Court Judge Robert Merino to rule on an earlier dismissal motion.

Chiarella, 38, 943 Rankine Road, faces charges of third-degree sexual abuse and endangering the welfare of a child in connection with a series of incidents involving the student, who was a junior at the high school at the time. He has taught in the Falls school district for eight years, is currently free on a $1,000 bail bond and is suspended from his job with pay.

School district officials have reportedly begun efforts to fire Chiarella, but have declined to comment on those efforts.

The latest motion, filed early last week by prominent Falls defense attorney James Faso, asks Merino to throw out the case because the victim claims she never had sex with Chiarella.

“We are asking for a dismissal based on the victim’s statement (to police) that there was no sex whatsoever (with Chiarella),” Faso said.

Assistant District Attorney Robert Zucco, who filed a response to Faso’s motion on Friday, said the defense is mistaken if they believe there was no sexual contact between Chiarella and the student.

“That (the defense claim) is an interpretation of the victim statement that is wholly inaccurate,” Zucco said. “She gives a description of intimate kissing and attempts to remove her clothes. There is case law that clearly states that is sexual conduct.”

Merino is already considering a motion filed by Faso demanding more information from prosecutors.

Faso has argued that prosecutors have not given him a “full bill of particulars” outlining the dates and times when Chiarella is accused of having the inappropriate contact with his victim.

“We think and believe we are entitled to the dates and times (when Chiarella engaged in inappropriate contact with the student),” Faso said. “And we are not satisfied that the best (prosecutors) can do is (an estimate of the times).”

Zucco has told the court the victim can not recall specific dates, only general time periods.

Faso complains that a lack of specific dates and times makes it hard to defend Chiarella.

“It is virtually impossible for us to bring in witnesses if I don’t know the dates and times (the victim) is going to testify to,” the defense attorney said.

Chiarella was arrested on Feb. 26 after Falls Police investigators said they had evidence that he befriended the student and on several occasions “kissed her on the mouth and neck.” He also reportedly allowed the student to “skip class” and hang out in his classroom.

Investigators said the encounters between Chiarella and student occurred “in a secured stage dressing room” at the high school, usually during the last period of the school day.

The relationship began in September 2007, when the student enrolled in Chiarella’s media production class.

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