By Pamela Chergotis
Chester — The family who says two Chester Academy school faculty members entered their home illegally is in settlement negotiations with the Chester school district, according to the family’s lawyer.
David Levinson of Levinson, Reineke & Ornstein, P.C., of Central Valley told The Chronicle that lawyers for the school district recently finished taking depositions from the family of Joyce Kyles and Michael DiQuattro. Levinson said his clients have until October to file a lawsuit — which they will do if the settlement negotiations fall through.
David Levinson of Levinson, Reineke & Ornstein, P.C., of Central Valley told The Chronicle that lawyers for the school district recently finished taking depositions from the family of Joyce Kyles and Michael DiQuattro. Levinson said his clients have until October to file a lawsuit — which they will do if the settlement negotiations fall through.
The district law firm Shaw, Perelson, May & Lambert, LLP, did not return a phone call. Chester Superintendent of Schools Sean Michel said Wednesday that he could not comment on the matter.
The story so far
The story so far
Last December, the parents of two Chester students, Joyce Kyles and Michael DiQuattro, filed an action in advance of a lawsuit against the school district and two faculty members “to recover damages for trespass, attempted burglary, intentional infliction of mental distress, violation of the Fourth Amendment of the United States Constitution, violation of claimants’ civil rights ... attempted custodial interference, attempted coercion, and punitive damages.”
The action says Ernest Jackson, the Chester Academy middle school principal, and Pam Kavenagh, the school psychologist, entered the family’s home “illegally and without authority” and attempted to “remove” their underage sons. Jackson and Kavenagh have said in the past that they went to the home to verify that the boys were in fact out sick that day, rather than out playing hookey.
The village police chief, Pete Graziano, said his department’s investigation found no wrongdoing.
The action says Ernest Jackson, the Chester Academy middle school principal, and Pam Kavenagh, the school psychologist, entered the family’s home “illegally and without authority” and attempted to “remove” their underage sons. Jackson and Kavenagh have said in the past that they went to the home to verify that the boys were in fact out sick that day, rather than out playing hookey.
The village police chief, Pete Graziano, said his department’s investigation found no wrongdoing.
After the story broke last November, but before the police investigation was completed, the school board suspended Jackson and Kavenagh and asked the state education department to arrange a hearing.
The school board agreed to cease its disciplinary action against the faculty members “based upon inconsistent statements among the witnesses that they had interviewed.”
What really happened that day?
The faculty members dispute the family’s charge that they walked into the boys’ upstairs bedroom without knocking or calling first to see if the younger boy was really sick. They say they called ahead, knocked, and were let in by “an adult over 18.”
The Chronicle has tried to uncover what really happened at the Kyles-DiQuattro home that day. The paper has filed formal Freedom of Information Law requests for copies of the witness statements. The village police department and mayor have refused to provide The Chronicle with the witness statements, saying the statements have been sealed, and that disclosing them “would constitute an unwarranted invasion of privacy.”
The school board agreed to cease its disciplinary action against the faculty members “based upon inconsistent statements among the witnesses that they had interviewed.”
What really happened that day?
The faculty members dispute the family’s charge that they walked into the boys’ upstairs bedroom without knocking or calling first to see if the younger boy was really sick. They say they called ahead, knocked, and were let in by “an adult over 18.”
The Chronicle has tried to uncover what really happened at the Kyles-DiQuattro home that day. The paper has filed formal Freedom of Information Law requests for copies of the witness statements. The village police department and mayor have refused to provide The Chronicle with the witness statements, saying the statements have been sealed, and that disclosing them “would constitute an unwarranted invasion of privacy.”
The Chronicle’s lawyer, Laura Handman, said, “Police Chief Graziano’s reasons for withholding the witness statements and certification do not state a valid and sufficient basis and, thus, constitute a violation of New York’s Freedom of Information law.” The village also refused The Chronicle’s request for certification stating that the investigation has been closed, and that the prosecutor has declined prosecution against Kavenagh and Jackson, which is required before documents can be sealed.
A Freedom of Information Law request for the witness statements filed with the school district on Dec. 13, 2010, went unanswered.
In 2008, when The Chronicle requested witness statements surrounding Mary Marinos’s outburst on school grounds and altercation with then-Superintendent Helen Ann Livingston, the Chester town police (a different police department) provided them within a week.
A Freedom of Information Law request for the witness statements filed with the school district on Dec. 13, 2010, went unanswered.
In 2008, when The Chronicle requested witness statements surrounding Mary Marinos’s outburst on school grounds and altercation with then-Superintendent Helen Ann Livingston, the Chester town police (a different police department) provided them within a week.
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