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Charges against teacher dropped E-mail
Wednesday, 18 March 2009

By JOSEPH FITZGERALD

BURRILLVILLE — Naomi Roberts, the Burrillville elementary school teacher who was arrested by town police and charged with assaulting a fifth- grade student in January, is relieved the charges against her were dismissed, but the damage to her reputation may never be repaired, her attorney said Wednesday.

“This story made national headlines. It was reported all over the country. Her mugshot, which the police made available to the press, is plastered all over the Internet. How do you recover from something like that?” said Warwick attorney Joel Chase.
Police charged Roberts, 65, a teacher at the Steere Farm Elementary School, with simple assault last month after a 10-year-old fifth-grade student at the school said she had poked him in the chest at least three times with a pointer because he was talking loudly in class. The student’s father, Stephen Bell, filed a complaint against Roberts on Jan. 15.
The charges, however, was dropped in District Court Providence Tuesday after Burrillville Assistant Town Solicitor William L. Bernstein determined there wasn't evidence to conclude that Roberts intended to inflict harm on the boy.
“There is not enough evidence to conclude beyond a reasonable doubt that the defendant’s intent was to inflict harm upon the complaining witness as opposed to the intent to impose discipline for being disruptive,” Bernstein said in court documents.
According to Chase, Bernstein came to the “correct” conclusion that there was no evidence to show that his client intended to inflict harm, which is one of the elements that defines criminal assault.
“He recognized there were two different accounts of what happened. The child suggested she poked him three times. She says no such thing happened,” he said. “If you consider the child’s account of what happened, it still doesn't add up to the criminal charge of assault because there was no intent to harm him.”
“I want to commend Mr. Bernstein. He’s a knowledgeable guy and a very ethical man who made the right decision in this case, although, had this gone forward to trial, my client would have certainly been found not guilty if it even reached that point,” Chase said.
According to police reports, Roberts, who was teaching a class on Jan. 9, allegedly used a pointer to poke the boy in the chest three times, leaving red marks on the boy’s chest. The boy told investigators that Roberts poked him because he was talking out loud in class.
Roberts, of North Kingstown, was arrested and charged on Feb. 6 after she voluntarily showed up at police headquarters with her attorney.
Chase said the alleged incident never happened.
“The child claims Mrs. Roberts poked him in the chest hard enough to push him off a chair, which is simply not true. She emphatically denies poking the boy and does not recall having any physical contact with him whatsoever. If there was, it was incidental or accidental. If everyone knew all of the evidence — or lack of it — in this case, they would understand that these charges should never have been brought.”
Said Chase: “People need to know who this woman is. She’s a dedicated teacher who has spent years educating children, and she has been a foster parent of so many foster children.”
Chase said he found the Police Department’s handling of the allegations “offensive.”
“Someone should ask the Police Department how many statements they took from other children in the class. Why didn’t they afford her the opportunity to confront the allegations? Why didn’t they call the Attorney General’s Office? If you’re going to charge someone with criminal assault you better make sure you can back it up.”
In the meantime, Roberts is suffering emotionally and physically as a result of her ordeal, Chase said.
“She has mixed feelings. On the one hand she’s pleased that the charges have been dismissed. On the other hand, she’s suffered greatly because of all this. She’s resentful that a criminal charge was brought against her and she’s angry at the way the police handled it. This has had a tremendous emotional and physical impact on her. She’s had a tough time with it.”
Chase says he is concerned about the potential harm done to his client’s reputation. Roberts, a veteran elementary school teacher, was placed on paid administrative leave as soon as the allegations were made and Chase said he wasn’t sure as of yesterday whether she was back in the classroom.
“I wish someone would tell me where I go now to get this woman’s reputation back? How do I unring this bell? That’s where we are now and it’s frustrating.”

 

Last Updated ( Thursday, 19 March 2009 )
 
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