A lawyer for Haverhill High School Latin teacher James “Jay” Fiorentini Jr., accused of “annoying/accosting” two students during a May 4 incident, Friday called the allegations “somewhat dubious” in light of few witnesses.
The 39-year-old son of Haverhill Mayor James J. Fiorentini was arraigned in Newburyport District Court on the charges before Judge Mary McCabe. He was ordered to stay away from the students accusing him while he was teaching at Haverhill High School’s Classical Academy. McCabe also cautioned Fiorentini to keep away from the student’s parents and Haverhill High School itself. Fiorentini’s defense attorney, Stephen Neyman of Boston, however, asked for a September hearing to present a motion to dismiss the charges.
“It is my belief that in the age of social media there would be a lot more witnesses to an event like this particularly when there’s 15 to 18 students present at all times in the classroom. Somewhat dubious allegations under the circumstances,” he said.
Neyman plans to present, what is known as, a DiBennadetto Motion to Dismiss, Wednesday, Sept. 20. If the judge can be persuaded with such a motion that some or all of the charges against Fiorentini do not support probable cause, the case can be dismissed. At his attorney’s request, McCabe ruled Fiorentini does not have to be present at that session.
The judge also agreed with a request by Assistant District Attorney Mark Hintlian the Haverhill police report on the matter continue to be impounded from public view for the next six months. While Neyman did not object, he asked the court to provide him with an unredacted copy of the report which he said he had not yet seen.
Absent a police report, the only description of the incident came last month from Assistant District Attorney Michelle Belmonte, who wrote in support of impounding the report, “While the alleged acts are not defined as per se sexual assaults, the behavior involved is certainly of a sexualized nature.”
Fiorentini has been on paid administrative leave since the day of the alleged incident.
Mayor Fiorentini and his wife, Martha, were both in the courtroom during the arraignment in support of their son. The three family members left immediately after the proceedings without offering any public comments.