Former teacher who sexually abused students sentenced

Rochester (WSYR-TV) - A panel of appellate judges has affirmed the August 2009 conviction of a former Onondaga Nation music teacher on sexual abuse charges. He is accused of molesting two students at the Nation School in the LaFayette School District.

In a non-jury trial last year, Scerbo was convicted of sexually abusing one of his students and sentenced to six months in jail and 10 years probation by Onondaga County Judge William Walsh. Thursday, justices from the Appellate Division's Fourth Judicial Department issued their decision confirming the conviction.

Albert Scerbo and his lawyers went before the Appellate Court's Fourth Department in Rochester last April to argue the evidence doesn't support a guilty verdict. The panel of justices disagreed.

For about four years, the case has moved in and out of the spotlight, carrying the stress and emotion of a highly charged case.

In the memorandum following the court's order, the judges explain they considered both of Scerbo's cases; the jury trial where the conviction was overturned due to jury misconduct; and the second non-jury trial where Scerbo was similarly found guilty.

In Thursday's decision, the court found that because Scerbo was convicted of the same two crimes in each of his two trials, the retrial did not constitute double jeopardy. They also went on to define the crimes Scerbo was convicted of and discuss the evidence against him.

Scerbo's appeal contended that the verdicts from his two trials were against the weight of the evidence, that the indictment was improperly amended and that the sentence is unduly severe. The panel of appellate judges disagreed on all these points.

Both Scerbo and the prosecution now have the chance to ask the state's highest court to consider the case.

Rochester (WSYR-TV) - A former Onondaga Nation music teacher is asking an Appellate Court to do something a jury and a judge have failed to do: find him innocent.

Albert Scerbo and his lawyers went before the Appellate Court's Fourth Department in Rochester Friday morning arguing the evidence doesn't support a guilty verdict.

In a non-jury trial last year, Scerbo was convicted of sexually abusing one of his students and sentenced to six months in jail  and ten years probation by Onondaga County Judge William Walsh. An appellate judge has allowed him to remain free on bail until the appeal is decided.

For almost four years, the case has moved in and out of the spotlight, carrying the stress and emotion of a highly charged case.

The five judge panel will now decide whether the evidence supports Scerbo's conviction or not, especially the testimony of the little girl he's convicted of abusing. "Dimming the lights, closing the door, that is consistent with teaching a class, that's why it is not rational to infer from those facts a purpose of sexual gratification." said Scott Porter, Scerbo's attorney.

It appears the judges will consider both of Scerbo's cases; the jury trial where the conviction was overturned due to jury misconduct and the second non-jury trial where Scerbo was similarly found guilty. His lawyers say it's favorable for Scerbo to have both cases in play, because they say it will turn up inconsistencies in testimony, and show how all but two of the original 35 charges were either dismissed or acquitted. "I've probably argued over a hundred appeals in this court, this is the first time that I've stood up here and argued facts because I think this record presents a disturbing scenario," said Porter.

The District Attorney's chief appeals lawyer, James Maxwell, admits some of the facts in the case cut both ways, but says that's not uncommon in trials and told the justices Scerbo's guilty verdict should stand. Maxwell, a member of the Onondaga County District Attorney's office said, "We could talk about the facts all day but the jury at the first trial and the judge at the second trial was in a position to assess those facts and the verdict was proper."

After two trials and two appeals, it will be up to the five justice panel to decide if Scerbo will finally head off to jail, or not. A written decision is expected in about six weeks. Both sides will then have the chance to ask the state's highest court to consider the case.

Syracuse (WSYR-TV) – A former Onondaga Nation music teacher has been found guilty of one count of sexual abuse and one count of endangering the welfare of a child. The verdict was delivered by Onondaga County Court Judge William Walsh Thursday morning.

Judge Walsh found Albert Scerbo not guilty of an additional count of endangering the welfare of a child and Course of Sexual Conduct Against against a child in the second degree.

Scerbo had admitted regularly having students sit on his lap during class, but he strongly denied sexually abusing any of them. He left court quickly and quietly with his wife. His lawyer, Ed Menkin, says he was disappointed with the outcome.”He was quite disappointed and shattered as was his wife and his many supporters,” Menkin. said

Prosecutors were happy with the decision, as well as the parents of the second girl in this case, who Scerbo was acquitted of abusing. "At least we got two anyway and he can't be out in the community hurting other children, it affects your life, it's going to affect our life forever."

Scerbo will be sentenced on August 12th; he will remain out on bail until that time. He faces anywhere from probation to seven years in prison.

He was originally convicted in 2007 of sexually abusing a seven-year-old girl, but the judge tossed out the conviction, saying some jurors had improperly swayed deliberations.

The retrial was held without a jury.

Statement of Peter Tigh, Superintendent of Schools, LaFayette Central School District Concerning Verdict in People v. Albert Scerbo

June 4, 2009
I understand that Judge William Walsh has found Mr. Albert Scerbo guilty of sexual abuse in the first degree and endangering the welfare of a child, charges brought against him by the Onondaga County District Attorney’s Office.  Mr. Scerbo, who is a tenured teacher employed by the LaFayette Central School District at the Nation School, has been placed on administrative leave since December, 2006, the time the accusations of inappropriate contact with students first came to our attention.

This has clearly been a very difficult period for the students and families involved as well as for our staff.  On behalf of the LaFayette Central School District, I commend the young students involved for bravely coming forward to testify, together with the school staff and administration for their professional and appropriate response.  We also appreciate the cooperation and assistance of the Nation leaders and the parents of the Nation school children in addressing this very difficult matter.  The dedication and commitment of the Sheriff’s Department and the District Attorney’s Office was evident throughout the successful prosecution of these matters.  We thank them as well.

The continued safety and well-being of our students remains our paramount concern as we move forward.

Syracuse (WSYR-TV) – The retrial for former Onondaga Nation music teacher Albert Scerbo begins Tuesday at the Onondaga County Courthouse. He is accused of molesting two students at the school.

Scerbo was originally convicted in 2007 of sexually abusing a seven-year-old girl. The judge tossed out the conviction, saying some jurors improperly swayed deliberations.

The second trial is being held without a jury; Judge William Walsh will issue a verdict.

Scerbo was originally accused of 35 counts of endangering the welfare of 17 students. Judge Walsh dismissed many of those charges before and during Scerbo’s first trial in 2007.

The prosecution in the case had asked for another judge to preside over the case; that motion was denied.

Syracuse (WSYR-TV/AP) - A former music teacher, who is accused of sexually abusing students at an Onondaga nation school, was back in Onondaga County Court Wednesday morning to discuss details regarding a new trial.

Albert Scerbo was convicted in 2007 of sexually abusing a 7-year-old female student. But Judge William Walsh set aside the conviction after determining two jurors with teaching backgrounds improperly swayed deliberations.

A state appeals court upheld that decision in February but also reinstated two charges involving another victim that the judge had dismissed before trial.

The state Court of Appeals declined to review the case, sending it to trial again in Onondaga County Court.

Wednesday, Scerbo waived his right to a trial-by-jury, meaning Judge Walsh will decide the verdict. Judge Walsh denied the prosecution's request to recuse himself from this case.

The judge set a trial date of June 1st.

Scerbo was originally accused of sexually molesting 16 female students at the Onondaga Nation School.

Syracuse (WSYR-TV) - A former Onondaga Nation teacher accused of sexually abusing students in 2007 is expected to get a new trial date set Wednesday.

Albert Scerbo is due in Onondaga County Court in the morning. His attorney believes the judge will then decide when to hold a new trial.

Scerbo was convicted of two counts in his first trial, but an appeals court in February agreed to throw out the convictions and retry him.

That after it was determined some members of the jury may have improperly swayed the verdict.

Rochester (WSYR-TV) – There will be a new trial in the case against former Onondaga Nation teacher Albert Scerbo. Scerbo was accused of sexually abusing his female students back in 2007.

He was found guilty on only two of 20 charges involving one student. Those two convictions were thrown out by Onondaga County Court Judge William Walsh, and the appellate court confirmed Walsh was correct in doing so, and will allow Scerbo a new trial.

Scerbo will now be tried again on those same two charges. He could also be looking at an additional two charges in connection with a second victim. The separate set of accusations had been thrown out before the first trial even started.

Scerbo Attorney Ed Menkin says "It's been a long road to justice for Albert Scerbo, but we seem to be heading in the right direction and we're not giving up."

Messages left at Onondaga County District Attorney Bill Fitzpatrick’s office have not yet been returned.

Rochester, New York (WSYR-TV) - We should find out in just a few weeks if there will be a new trial in the case against former Onondaga Nation teacher Albert Scerbo.  He was in state appellate court in Rochester Tuesday morning for a hearing on two appeals in his case. 

The former teacher had the two convictions in his sexual abuse case thrown out more than a year ago by an Onondaga County judge. 

A four-justice panel Tuesday morning heard ten-minute arguments both from the district attorney's office, which brought the appeals, and a lawyer for Scerbo.

"It’s what jurors do -- they are deducing what they heard during the trial and what their life experience has been," says James Maxwell, an appeals attorney with the Onondaga County District Attorney’s office. That’s why the district attorney's office told the justices that Judge William Walsh shouldn't have thrown out the two convictions and ordered a new trial last November. 

Walsh had based his decision on evidence that surfaced several weeks after trial that two of the jurors, a teacher and a former school administrator, improperly swayed the verdict during deliberations.  The DA's office is also asking the court to reinstate seven charges thrown out by Judge Walsh before the trial began.

"You don't file a notice of appeal and save it for a rainy day in case you don't like the verdict," says Scerbo’s appeals attorney Scott Porter.
 
"This has been a very long road, and this is just another stop on insuring that there's justice here," says Edward Menkin, who represented Scerbo in the criminal case.

The justices will likely make their ruling either by the end of the year or early January; either way, Scerbo, 46, will end up back in Judge Walsh's court in Onondaga County. 

Scerbo is looking at either a new trial or sentencing on two charges, and he could be facing the seven additional charges that never originally made it to trial.