(8/02/07 - Initial BBT Report)
The trial of Albert Scerbo, 45, of Clay, New York has concluded with a split verdict. The jury found him guilty on 2 of the 19 charges he still faced.
Scerbo was found guilty of one count of sexual abuse in the first degree and guilty one count of endangering the welfare of a child in a case that started with 17 alleged victims and 35 alleged crimes.
Scerbo a former music teacher at the Onondaga Indian Nation School was arrested in December of 2006 on allegations that he had sexual contact with two girls, ages 7 and 8.
As the police investigation continued additional girls ranging in age from 7 to 14-years-old made allegations that Scerbo touched them improperly through their clothing as they sat on his lap in the back of a darkened room while he showed movies or videos to the class.
Initially Scerbo was indicted on a total of 35 charges, alleging 17 female victims. All alleged victims were students at the Onondaga Indian Nation School. The alleged sexual abuse occurred between September 2002 and December 18, 2006 when Scerbo was arrested.
Prior to the start of trial, Judge William Walsh dismissed seven counts against Scerbo, dropping four victims from the case because of insufficient or contradictory evidence. Scerbo went to trial on 28 counts.
At the conclusion of the prosecution’s case on Friday, Judge Walsh dismissed two more counts, removing another alleged victim. On Monday, Judge Walsh dropped seven more counts, leaving Scerbo facing 19 counts involving 10 alleged victims.
A blow to the prosecution’s case came last week when one of the alleged victims testified that she basically did not remember anything Scerbo allegedly did to her.
Assistant District Attorney Gary Dawson kept trying to get the girl to state that Scerbo had molested her and she ultimately said she didn’t know if that’s what Scerbo did. After the girl was excused and the jury was out of the courtroom Dawson and Judge Walsh clashed with Dawson complaining that the judge should have permitted a recess for the prosecution witness “to become more comfortable” and the judge telling Dawson “the problem was that Dawson just wasn’t getting the answers he wanted from the girl”.
In an additional blow to the prosecution, two Onondaga County sheriff’s detectives who initially interviewed girls from the Onondaga Nation School testified for the defense stating that they interviewed a total of 12 girls at the health center building next to the school the day after the initial allegations of sexual abuse were made and thereafter informed three Onondaga Nation chiefs and school officials there was not sufficient evidence any crime had taken place but that the investigation would continue. Scerbo was arrested three days later.
Defense attorney Edward Menkin has suggested and in fact argued throughout the trial that the sex abuse allegations were falsely leveled against Scerbo and that the accusers were either lying, mistaken or pressured into believing and making the allegations.
Scerbo will be sentenced on October 10th and could face up to seven years in prison.
9/21/07 - Conviction Appealed
Alberto Scerbo has appealed his conviction on the basis that the prosecution misrepresented the facts and the jury did not follow the law in reaching a compromise verdict.
Scerbo, the father of two was convicted in August of one felony count of first-degree sexual abuse and one misdemeanor count of endangering the welfare of a child.
He originally faced a total of 35 counts alleging crimes against young girls. Prior to and during trial several counts were dismissed and the jury found him not guilty of 17 of 19 remaining counts.
10/10/07 - Sentencing Delayed
Centencing of Albert Scerbo, 45, of Clay, New York who is facing up to seven years in prison and registration as a sex offender has been delayed due to an article in the local section of this morning’s Post-Standard newspaper which quoted juror Anthony Wright who claimed that parents of the alleged victims were coaching them while on the stand.
The article quoted Wright as saying, “I even saw one woman mimicking words to a child. That is not justice. To me, it wasn’t right. They (referring to the other jurors) beat me down. Do I regret making this decision? Yes.”
Scerbo’s attorney filed a motion to delay sentencing in light of the allegations by the trial juror.
11/08/07 - Possible Juror Misconduct
Jurors in the sex abuse case of an Onondaga Nation School teacher offered conflicting testimony Wednesday about how they reached their verdict convicting Albert Scerbo of molesting one student.
Onondaga County Judge William Walsh is reportedly leaning toward setting aside the guilty verdict.
11/16/07 - Judge Overturns Scerbo Conviction
County Judge William Walsh today set aside the sex abuse conviction of Albert Scerbo based on conduct of the jurors during their deliberations.
The judge concluded that jury deliberations were improperly swayed by outside information presented during deliberations by two jurors that were educators.
Scerbo had been facing up to seven years in state prison for his convictions for first-degree sexual abuse and endangering the welfare of a child.
1/25/08 - Scerbo Convicted On Gun Charge
Albert Scerbo has been convicted of illegally possessing a handgun without a permit and faces up to one year in jail.
No new trial date has been set on the child sex abuse charges.
12/09/08 - State Appealing Judge’s Decisions
Syracuse prosecutors are appealing a county judge’s decision to set aside the sex abuse conviction of Albert Scerbo.
Prosecutors are also seeking to have the seven charges that the judge dismissed before trial reinstated.
References:
NY appeals court to hear teacher’s sex abuse case (12/09/08)
Teacher Accused Of Sex With Student Had Gun (1/25/08)
Judge overturns teacher’s sex abuse conviction (11/16/07)
Scerbo jurors contradict each other (11/08/07)
Scerbo Sentencing Postponed; Questions Over Juror Quotes in Newspaper Article (10/10/07)
Music teacher appeals sex abuse conviction (9/21/07)
Jury convicts teacher on two counts (8/03/07)
Ex-teacher found guilty of 2 of 19 charges (8/02/07)
Verdict in Scerbo trial (8/02/07)
Ex-teacher found guilty of 2 of 19 charges (8/02/07)
View All Bad Bad Teacher Coverage of the Case of: Albert Scerbo
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December 2nd, 2008 at 3:50 pm
I went to college with Al Scerbo and all of this is terribly shocking. It’s far too late to give a character assessment. Most of you have already made up your minds thanks to the media. Consider this: if those kids were just angry at the man and thought up a scheme of sexual allegations just to get him in trouble they have done so much more than that. What a monumentally devious act of mischief! It would be a shameful act against humanity! They have scarred him and is reputation for life. It’s appalling! If it is true then it is even more appalling!
I was merely searching for Onondaga Music Teachers online in an effort to expand my private teaching (drums/percussion - also Al’s major) and this topic comes up more times than any teacher’s organization or school in my area. Ah, the power of the press.
Al, if you read this I truly hope that you are innocent. I’d believe you and I know that you would tell me to my face. You’ve always had integrity. Unfortunately, not even time can heal this blemish to your reputation. Only you and those kids know the truth.
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