What's next in Hornell student-search case? DA 'surprised' after school superintendent is cleared
A Steuben County Court judge this week dismissed all charges against Hornell City School Superintendent Jeremy Palotti connected to searches of female students during the 2021-2022 academic year.
A Steuben County Grand Jury indicted Palotti in June for two counts of official misconduct and one count of failing to make a required report to the New York State Child Abuse Hotline. Both charges are misdemeanors.
The panel also indicted Hornell High School assistant principal Eli Marcus on 10 misdemeanor counts of endangering the welfare of a child.
The indictment alleged Palotti used taxpayer funds to engage the school district's attorney for personal legal matters and failed to report suspected child abuse or mistreatment.
Both Palotti and Marcus pleaded not guilty in July. Marcus remains under indictment.
In a decision released this week, Steuben County Court Judge Judge Philip J. Roche granted a defense motion to dismiss the charges after an "inspection" of the grand jury proceedings.
Palotti's attorney, Raymond M. Schlather, said Roche's "sweeping decision" found "there was simply no evidence to support any of the charges" against his client.
"The superintendent is grateful for the decision, and for the support of the community, faculty, staff, Board of Education and his family," Schlather said. "He now can solely focus on his primary responsibilities as father, husband and superintendent of schools. Justice has prevailed."
How district attorney responds to judge's ruling
Steuben County District Attorney Brooks Baker said he was "surprised" by Roche's ruling.
“I have not had a chance to fully review the decision yet. I intend to sit down with the senior assistant district attorney who worked with me on that case and review the decision and look at our options," Baker said. “Nineteen grand jurors listened to this case for five weeks and determined that there was enough to charge."
Baker said his office has the option of appealing Roche's decision to the Appellate Division, Fourth Department, or the case could be presented again to a new grand jury.
Baker did not put a timeline on making a decision but he said, "It’s going to get our prompt attention."
He added, “It’s important to the people of the city of Hornell, to the school district and to the kids who were involved in this indictment and their families."
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How the investigation started
According to the district attorney's office, the investigation of the Hornell administrators stemmed from a hotline complaint to the Steuben County Department of Social Services. The allegation was initially forwarded to the Hornell Police Department before it was referred to the grand jury.
Prosecutors allege Marcus personally searched at least 10 female students between the ages of 13 and 16, and it was the nature of the searches and how they were handled that led to the charges.
The Hornell Board of Education has defended the pair, with board member Joseph Liberto saying administrators followed the "usual procedures" to enforce a code that prohibits tobacco use on campus.
“If we think there’s a code being broken, you are to bring in people, students who are breaking that code and questioning them, and I guess they really didn’t like that," Liberto said in June. "I don’t know what story they reported to their parents, but their parents treated it like it was not appropriate.”
Board of Education has continued to support Palotti
In a statement released Thursday, the Hornell Board of Education welcomed the dismissal of charges, saying, "As expected ... all the charges on which Superintendent Palotti was indicted last June have been dismissed by the Steuben County Court."
The school board statement said the court's decision "underscores our continuing confidence in Mr. Palotti as our superintendent," adding, "We are glad to have this part of the legal process behind us, so that we can remain fully focused on the education of our students."
The school board said it would not comment on the ongoing prosecution of Marcus.
"In that there are other aspects of this matter still pending, we are not in a position to comment further at this time," the statement said.
Marcus was placed on administrative leave prior to the grand jury indictments, but Palotti continued as superintendent while the charges were in place.
Palotti has been superintendent in Hornell since the summer of 2017. Prior to that, he was superintendent in the Canisteo-Greenwood Central School District.
Marcus is a former science teacher at Wellsville Central School.
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This article originally appeared on The Evening Tribune: Charges against Hornell school superintendent dismissed
