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NEWS FEBRUARY 1, 2021 ¦ 7

‘Reasonable Suspicion’ Mulled
In Teacher Sex Abuse Case

By Robert Storace

In proceedings that attorneys
say could be precedent-setting
for how teachers as mandated
reporters inform officials of
sexual misconduct from staff,
the Connecticut Supreme Court
heard oral arguments Jan. 20 in
a case of a 37-year-old female
teacher who had inappropriate
relationships with three male
teenage high school students.
The guilt of former Dan-
iel Hand High School English
teacher Allison Marchese wasn’t
in question, as she spent two
years in prison for risk of injury Connecticut Supreme Court building in Hartford.
to a child. Photo: Michael Marciano/ALM

But what was in question was whether Marchese’s Harrington is asking the Connecticut Supreme
husband, Robert, also an English teacher at the same Court to overturn a summary judgment in favor of
Madison high school, was aware his then-wife was the defense to allow a trial to take place.
acting flirtatiously—and worse—with students, and “Attorneys should also care about this case be-
whether he had a duty to report her to either school cause it involves municipal liability, an area which
officials or the Department of Children and Fami- the courts have made it harder and harder on plain-
lies. tiffs suing municipalities to be successful. All we are
“This has the potential to be precedent-setting in asking for is for the opportunity to present this case
the area of mandatory reporters and under what to a jury,” said Harrington, who noted he’d be seek-
types of circumstances they would be required to ing monetary damages against the Madison Board
report and or not report incidents,” said attorney of Education.
James Harrington, who represents then 15-year- But not so fast, said Madison Board of Education
old John Doe 1, whom officials said was the victim attorney Catherine Nietzel, of counsel for Ryan
of racy social media texts from the teacher. John Ryan DeLuca in Stamford. Nietzel also represents
Doe 2 was 17 years old and received oral sex from defendant principal Anthony Salutari.
the teacher, while John Doe 3, who was 15 at the Like Harrington, Nietzel had 30 minutes to pres-
time, also received inappropriate social media ent oral arguments via Zoom on Jan. 20 to the six
texts. justices hearing the case.
Harrington, of Polito & Harrington in Waterford, “Our main argument to the justices was that the
continued: “This comes down to reasonable suspi- notion of “reasonable suspicion” is ill-defined by
cion and whether or not her husband had reasonable our courts. There is not much guidance in case law
suspicion about his wife and these students.”
¦ Continued on PAGE 8

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