By:Nicole Falco
The district believes that taxpayers of the community are entitled to full restitution of damage to the school, Bernstein said, adding that the district would return any restitution collected in excess of $15,000.
The students who signed statements also agreed to do community service, and they waived their right to take any kind of action against the district, according to at least two of the accused students- parents. In exchange, the students will not be subject to suspension beyond five days, which will allow the accused seniors to take final exams and graduate with their class. If a student chooses to sign a statement, the student can still face criminal charges, but the superintendent of schools said the district would make a positive recommendation to the district attorney-s office on the students- behalf.
Under no circumstances would I want any student of ours to admit guilt if he or she is not guilty, Bernstein said. If they don-t believe they are guilty, they should not say they are guilty and they should not pay at all.
According to police, 20 North High School students 19 seniors and one junior and one alumnus were arrested and charged with second-degree criminal mischief and fifth-degree conspiracy, both misdemeanors. The teens are accused of blackening approximately 20 of the school-s windows with tar and feathers, breaking two security cameras and sealing door locks and hinges. The $15,000 in damages includes labor costs for the cleanup.
Beginning Wednesday and continuing the rest of the week, a number of individual superintendent hearings are expected to take place with the remaining students, their parents and the district. Bernstein said he will either preside over the hearings or designate another school official to sit in his place. An attorney representing the district will be present, and parents can also be accompanied by an attorney. A stenographer will provide a written record of the hearings.
Many of the accused students have already been suspended for five days, which is the maximum suspension the principal can impose under New York state education law without a superintendent-s hearing. Bernstein declined to comment on the number of students who were suspended, the length of the individual suspensions or the number of students who signed a statement.
We are hopeful that we are going to resolve this matter within the next couple of days, Bernstein said.
A superintendent-s hearing was recommended to students who did not choose to sign a statement. A hearing will determine, what, if any, punishment will be imposed beyond the original suspensions by the building principal, Dr. Thomas Troisi.
He explained that the principal conducted his own investigation, separate from the police and courts, to determine whether or not the accused students would be suspended, and for how long.
Last Wednesday night parents met with district officials to share their concerns with the school. At that time, some parents expressed the desire to resolve the matter without a superintendent-s hearing, Bernstein said. The option to sign a statement and pay restitution was made available to the students- parents. While parents can choose to have their children sign a statement, the district cannot impose that option on them, Bernstein said.
The mother of one of the students who said she agreed to have her child sign a statement, described it as blackmail on the part of the district. They are blackmailing us, said the woman, who declined to be identified. They want $1,000 for their diplomas. I had to borrow money. I have to give them a bank check tomorrow so my [child] can graduate.
More than 50 parents, classmates and supporters of the accused teenagers attended Tuesday night-s Board of Education meeting at Memorial Junior High School. Only a handful spoke, but as each one did, the crowd erupted in applause. While many in the crowd agreed that the vandalism done to the school was disrespectful, they said that not all of the students arrested were responsible for the more serious damage and, therefore, those students should not be subject to the same punishment.
We can only hope and pray that [the students] are treated fairly based on what each student-s involvement was, said Pam Young, co-president of the PTA at North.
Young added that many of the accused have given a great deal to the school community through their academic achievements and their involvement in sports and other clubs. Now that they need us, let us support them and their families in this difficult time, she said, addressing the board.
Patty Mack, Young-s co-president, read a statement on behalf of North-s senior class president, the valedictorian and the salutatorian. In the letter, the students called for a clear distinction between the criminals and the innocent. The students also asked that the accused be given the benefit of the doubt.
A classmate of one of the students arrested read a statement on that student-s behalf. In it, the student described being arrested and spending the night in jail.
Sidebar:
The following are excerpts from a letter from one of the 21 teens accused of vandalism at North High School. The letter was given to the Herald by the student-s mother and read at the Tuesday night BOE meeting by a classmate.
Twenty-one students arrested [and] charged as felons. None of them given the chance to plead not guilty. None of them given the chance to tell his or her side of the story. Not given the chance to talk to his or her parents. Not given the chance to hide from the media spotlight, and most of all not given the chance to hide from other people-s judgements and slanderous comments. Assumptions, charges, name calling, slander, rumors and stories, all flying all over town. However, when it comes down to it, the fact of the matter is half of these students are innocent. As a victim, I can tell my story firsthand, as painful as it is to remember, this memory will never disappear, and forever will be a huge part of my life.
Three a.m., a phone call was received informing many of us that it was necessary for us to go down to the Fifth Precinct to Ôanswer questions.- With this, about ten of us proceeded down to the police station after witnessing many of our friends get arrested. In our pajamas, we were searched down...then handcuffed for hours.
Exhausted, speechless and scared to death...we boarded the Ôcriminal bus- as the media attacked us, asking absurd questions such as, ÔWould you like to apologize?- and ÔHow does it feel to know you are going to jail for eight years?-
I have never sat in detention...we sat in jail from 7 p.m. Thursday night to 10 a.m. Friday morning with real criminals, murderers, prostitutes, drug addicts.
The worst pain of all is facing the comments, slander and negative looks and viewpoints that people in our community and school hold of us. Looking at respected teachers, who once taught us to be fair, kind and equal, are now looking at us as if we are terrible people. When I think of how individuals in my own community have been passing judgement and criticism about what they think happened the night of May 27, it sickens me. It sickens me to know that I, a committed, involved student have been convicted and punished for something that has been looked at with unfair distortion.
My peers and I who are sitting here tonight would like to use this opportunity to thank those who have supported us through this hard time.
