Sexual abuse charges against Clyde-Savannah teens dismissed

A Wayne County Court judge Friday dismissed sexual abuse charges against three Clyde-Savannah High School students accused of a locker room assault on a football teammate.

Wayne County Court Judge Richard Healy noted that there were no signs of physical injuries to the 14year-old boy who alleged he was the victim of an assault on Oct. 31. Also, Healy said, a video that surfaced of the incident did not demonstrate the alleged abuse.

What the video apparently shows, based on court comments, is a possible hazing incident in which an object is pressed against the teen's buttocks. However, there was not evidence that the object was inserted, as the felony charge — aggravated sexual abuse — requires.

"This was blown out of proportion," Michael Schiano, a defense lawyer for one of the three accused of abuse, said after the court hearing.

Healy dismissed the felony charges Friday, ruling that the evidence was insufficient to support the assault charges. Lesser misdemeanor charges, including hazing, remain for prosecution.

Healy noted that the 14-year-old returned to football practice after the incident and went trick-or-treating that evening. It wasn't until after the video of the incident went onto social media that the teen alleged the abuse.

Acting Wayne County District Attorney Christine Callanan said Friday that she talked with the 14-yearold's family before the hearing, after learning from the judge that he planned to dismiss the assault charge.

She could present the charge to a new grand jury but said she and the family did not want the teenager revictimized by more court proceedings. She said she and the family are disappointed with the ruling, believing there was evidence of assault.

The school canceled its football season after reports surfaced of the Oct. 31 incident.

The criminal case has been somewhat of an oddity. It was the sexual abuse charge that landed the case in Youth Part, where judges decide whether teens will face adult-level charges or instead have the case heard in Family Court, which does not have adult penalties.

Had there not been an aggravated sexual abuse indictment from a grand jury, the case would have gone to Family Court. Now, the teens are no longer facing that charge.

Callanan said she expects the case to stay in Youth Part, while Schiano said it is an issue defense lawyers may raise.