Tonawanda News

Local News

November 4, 2009

CRIME: NFHS student charged in rape denied by judge to resume classes

By Rick Pfeiffer<br><a href="mailto:pfeifferr@gnnewspaper.com">E-mail Rick</a> The Tonawanda News

A City Court judge has rejected a request to allow a Niagara Falls High School student accused of raping another student to return to classes.

Judge Angelo Morinello said he would not modify a court order of protection that bars Nicholas D’Angelo, a junior at the high school, from being on school grounds. D’Angelo’s attorney had asked for the change in the order of protection because “the (Falls School) District is unable to provide appropriate home schooling.”

Attorney Mary-Jean Bowman said D’Angelo, a member of the swim team and an honor student, takes accelerated classes and tutors are unable “to keep up with him, especially in math.”

D’Angelo, 16, has been charged with first-degree rape and first-degree criminal sex act. He is currently free after posting $10,000 bail.

Assistant District Attorney Robert Zucco, who was unable to attend the hearing, told Morinello that he was opposed to any modification of the court order barring D’Angelo from the high school. Zucco told Morinello a modification of the order would “cause anguish” to the 14-year-old victim.

The judge, reading from a letter from the school district, said “the district can not guarantee the defendant will stay more than 100 feet away from the victim.”

School district assistant attorney Maria Massaro said she doesn’t believe the district has actually been served with a copy of Morinello’s order. However, she did say she had been asked by Bowman about accommodations the district might be able to make to allow D’Angelo to return to school.

“We have, in the past, separated students by changing homerooms and class schedules,” Massaro said. “What we can’t guarantee is when students are passing (between classes) that (the suspect and victim) won’t pass each other.”

Bowman told Morinello the victim’s safety would not be endangered by allowing her client to return to school.

“This was not a stranger abduction where he pulled her into the stairwell,” Bowman said. “They met there by mutual consent.”

Falls police have charged that the assault took place in a stairwell of the high school while classes were in session on Oct. 7.

The prosecutor said he is waiting for additional medical records to review and for a “forensic analysis” of two cell phones. Investigators believe there may be text messages on the phones that could impact the case.

Massaro declined to comment on reports that both D’Angelo and his victim were suspended from school shortly after the incident. She also declined to say whether the victim has returned to classes.

Text Only
Local News
Featured Ads
AP Video
Worker Tells 911: Powell 'exploded the House' Triple Win: Santorum Takes MN, MO, CO Injured Marine Inspired by Homecoming No Rape Charges Against Son of NYPD Commissioner Romney Congratulates Santorum, Focuses on Obama Paul Says Results Help Him Rack Up Delegates Egypt's Ruling Generals Play Risky Game With US Former Komen Exec Defends Funding Cut Skip the Coffee Cup and Inhale Your Caffeine Fix Calif. Gay Marriage Ban Ruled Unconstitutional Jury Selection for Ex-UVa Athlete Enters 2nd Day Raw Video: Giants Celebrate Another Super Bowl Cab Driver Helps Wis. Family Escape House Fire Greek Leaders Seek Deal As Bankruptcy Looms Bernanke: Recovery Depends on Consumer Spending Staff Removed at LA School During Abuse Probe Eastwood in Super Bowl Ad 'Compassionate' Stranded Fishermen Rescued From Bay of Green Bay Analyst: Outside Troops Won't Intervene in Syria Police: Father Planned Deadly Fire for Some Time
Community Calendar
Loading…
Events by eviesays.com
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com
Front page
Twitter Updates
Follow me on Twitter