By Jonann Brady and Jacky Gerzema
The District Attorney's office is in the early stages of an investigation to determine if the charges against the two are appropriate, said a spokesperson. Their next court date is Jan. 3.
Police say the victim, a 14-year-old junior-varsity football player, was in the high school locker room getting dressed before practice on Nov. 8 when the attack occurred. The victim alleges that the lights went out and Jonathan Martin and Nigel Dixon, both 17 and varsity football players, pushed him to the floor, sat on him and sexually abused him.
The victim said the lights came on in the locker room and the boys got off of him.
The police learned about the incident on Nov. 20, after another student reported it to a teacher. The victim was taken to Nassau University Medical Center that day, where he was treated and released.
Reached at his home on Monday, the 14-year-old said that although his family would be staying in Baldwin, he would no longer be attending Baldwin High School. He added that none of his friends from the school had contacted him. "Nobody called," he said.
He also said that despite some students' contention that the incident has been blown out of proportion, the same thing has happened to other kids. "It's not the first time it happened," he said.
Three Baldwin students were suspended from school in connection with the incident, according to the school district spokesperson. The district would not comment further at this point.
The third student was not charged by police and his suspension is in the process of being revoked, said a parent.
While Martin's family could not be reached, the family of Nigel Dixon referred the Herald to their attorney, Stanley Kopilow, who said Dixon and Martin had been overcharged.
"To charge either of these kids with first-degree sexual abuse is inappropriate," said Kopilow, noting that the charge requires "forcible sexual contact...for the purpose of sexual gratification."
When asked if the incident was a case of hazing gone awry, Kopilow said, "I don't know that it's hazing. It appears that this is - we know it's not sexual - seems to be more in the nature of a prank. It's something evidently done at Baldwin High School. But it's not designed to hurt anybody and not done for sexual gratification."
Students at the high school had been buzzing about the incident for days before it was made public. Several students interviewed said they had heard the football team engages in "rough-housing," but they couldn't believe that it would go this far.
Leyonne Pryce, captain of the varsity football team, and David Dorsey, a varsity player, both described the team as close, with a lot of "joking and playing around."
"Maybe they all horsed around, but it's all blown out of proportion," said sophomore Ricky Ramsundar. "Their [Martin and Dixon] lives are ruined. The media is just trying to make Baldwin look worse. Our school is infamous now. Instead of news about scholarships and honor students, we're going to be known as people who [do this kind of thing]."
Mainly, students expressed sympathy for all involved and were upset by the cloud the incident has cast over their school.
Jonathan Ledee, a freshman who knew the victim, said, "He was a funny kid, he was really nice. This is something you wouldn't expect to happen." He added, though, "As a freshman myself, I would be afraid to try out for sports teams."
Ambre Tomlinson, a senior, knew both Martin and Dixon and could not believe the charges against them. "They [Martin and Dixon] were brought up in great families, they're very decent human beings....They would not do something like this," she said.
Another senior, Kristin Tolbert said, "No one really knows exactly what happened except the ones who were there.... He [the victim] might have taken it the wrong way.... I feel sorry for him, too. This kind of puts a stigma on our school."
The police are talking to additional witnesses and the investigation is ongoing.
"We hope people will come forward," said First Squad Sgt. Roy Gorddard. "We've asked the school to help us with anything they can or any information on other victims."