Lungen to do 'the right thing' for student editor

The River Reporter
Thursday, February 2, 1995

Lungen to do "the right thing" for student editor

By TOM RUE

MONTICELLO - "Ultimately this case will rise and fall on the right thing to do," said district attorney Stephen Lungen, while declining to discuss specifics of his talks with the lawyer of a student arrested here for circulating an underground newspaper at Monticello High School (MHS).

"Not guilty" pleas were entered on behalf of the 17-year-old MHS senior at a January 27th arraignment in Village of Monticello Justice Court, a court clerk said. He came to in court with his parents and was represented by Mark Schulman of Wurtsboro.

The youth was charged January 13th with inciting to riot and criminal nuisance, misdemeanors. He returns to court February 2nd. Schulman said he hopes for a resolution before then.

Lungen described "very frank and open discussions" with Schulman, whom he described as "very helpful." Lungen refused to say whether charges against the boy will be dismissed, but voiced doubt the criminal charges would ever reach the trial stage.

Stating he was unable to attend the youth's arraignment because he was at a trial elsewhere, Lungen was reached by phone later that day. He said he planned to meet with Schulman again during the coming week for further talks.

If the charges are dropped, the student may still face penalties stemming from a disciplinary hearing held last week. Though suspended from school, he was escorted to class on January 26th to take a test in journalism class.

Asked about village police leaving their jurisdiction to collect evidence from the bedroom of the boy's parents, who live on Town Park Rd. near Hurleyville, Lungen said he didn't "view that as much of an issue" since he doubts the case will ever go to trial or even a suppression hearing.

Lungen said disposition of the criminal charges is out of the hands of school officials. "That decision will be made by me, based on the facts, the law, and the right thing to do."

If convicted, the youth could face a year in jail and $1000 fine.

Lungen disputed an assertion made by superintendent Eileen Casey that the arrest was made by his office. "If that's the statement she made, that would not be accurate," Lungen said.

Casey said she contacted police to report the paper out of fear students might misbehave due to reading it. She stressed that the decision to arrest the youth was made by law-enforcement professionals, not educators. "I believe by the district attorney's office," she said.

"We have no opinion on the arrest. We really don't. We referred the matter to the police because we were concerned about a safety issue at the high school," Casey said on January 19th.

The arrest complaint was reportedly signed by Will.

"There was a significant amount of input by the Monticello school, through its attorney, for that arrest to take place," said Lungen, asserting that he yielded to school attorney Henri Shawn's request that the youth be charged criminally.

Shawn said he would not respond to Lungen's statement because of the threatened lawsuit.

A notice of claim for a $1 million filed by the youngster's parents against the Board of Education alleges false arrest, false imprisonment and malicious prosecution.

On behalf of the youth's parents, Schulman claims that trespass occurred by MHS assistant principal Ivan Katz "...upon their lands, grounds and home without their permission, for the removal of property owned by them from their home without their permission and for violating their Right to Privacy and their Civil Rights."

A published report late last week stated that Schulman amended the notice of claim to include allegations that the youth was questioned without his parents being present, in violation of school policy.

Shawn said he had not seen the amended notice. He noted the school district will be represented by a Syracuse law firm.

Katz said he was instructed not to comment on the allegations. Casey also declined to answer questions on matters related to Katz's actions or the possible suit.

Schulman said his client had offered to settle with the school district to avert a suit. He claimed negotiations broke down when officials refused to admit they committed "excesses" in their response to the underground paper.

Village police put on notice

Marking a possible shift, Schulman filed a second notice of claim on January 20th, alerting Village of Monticello Police of intent to sue on behalf of the student editor's parents. Previously, the father of the youth told The River Reporter that Schulman had said he could not represent them against the police due to a conflict of interest.

Under NYS General Municipal Law, aggrieved parties must serve a public corporation with a notice of claim within 90 days after a claim arises in order to preserve the right to sue. They then have a year in which to follow through.

Since no summons and complaint has been filed in court on this case, no suit is now pending, despite reports to the contrary in another newspaper.