Coach Charged with Felony Sex Assault in North Kingstown RI
Criminal Charges:
Man charged in the Rhode Island Superior Court (Washington County) for:
- Second Degree Child Molestation Sexual Assault, in violation of RIGL § 11-37-8.3
- Second Degree Sexual Assault, in violation of RIGL § 11-37-4
City, State, County and Court:
North Kingstown, Rhode Island, Washington County
Rhode Island Superior Court (Washington County)
Case Overview:
A former high school basketball coach was criminally charged with sexually assaulting former male athletes who played on his team. The coach self-developed a body composition program that he offered to all athletes. Participation in the program was completely voluntarily. Those who participated underwent periodic height and weight testing; strength, agility, and flexibility texting, and body fat testing using manual caliper measurements. During administration of the tests, male athletes met with the coach behind closed doors and were asked to disrobe down to their boxer shorts. For caliber measurements of the inner thighs, athletes were invited to remove their boxers. Removal of the boxers was not mandatory. Those who elected to remove the boxers for this portion of the test were asked to lift and shift their genitals out of the way while the coach took their inner thigh measurements. Once completed, the athletes were told to pull their boxers back up. When this testing method was brought to the attention of school officials, the coach was instructed to discontinue his practice. He failed to do so. When later questioned about it by administrators and police, he lied. He was ultimately terminated from his employment with the high school and criminally charged. The criminal allegations were based on complaints from two former students who came forward many years after they graduated high school. The case divided the North Kingstown community, as the coach was incredibly well-respected and credited for developing a highly competitive, high school basketball program for the town. While the coach ultimately admitted his actions, he denied any criminal wrongdoing, and exercised his right to a jury trial in Rhode Island Superior Court (Washington County).
Case Result: Not Guilty of Felonies, Guilty of Simple Battery; One Year Probation.
He was expertly defended by Rhode Island Criminal Defense Lawyers, John L. Calcagni III and John E. MacDonald. The prosecution alleged at trial that the coach intentionally caused male athletes to get naked in his presence so that he could touch them in intimate areas for his own sexual arousal or gratification, which is required for a criminal sex offense. The prosecution called the two complainants and a small army of former student athletes to complain of the coach’s testing, along with an expert witness to discredit the legitimacy of the testing methods. Attorneys Calcagni and MacDonald each cross-examined the expert, causing her to validate many components of the coach’s testing program, and admit the lack of recognized standards or a certification process for how such testing ought to be administered. The Defense also called its own line up of former students who credited and valued the testing program. Some of these students went on to play competitive college sports and even one professional athlete, each of whom credited the coach for their success. The coach also testified in his own defense, explaining his testing methods, denying any sexual intent, and he apologized to those who were adversely impacted by their participation in his program. Attorney Calcagni’s closing argument prompted the jury to return not guilty verdicts to the charged felony sex crimes, but guilty as to the lesser included misdemeanor offense of simple battery, which is defined as an offensive touching. Attorneys Calcagni and MacDonald persuaded the Court to instruct the jury on this lesser included offense as part of their overall trial strategy, which succeeded. At sentencing, the coach was sentenced to probation for one year. This was by far a Defense victory.