Jurors were unable to come to a verdict in the trial of a teacher’s aide at PS 87 accused of molesting a 9-year-old special education student last year. That could mean prosecutors will be forced to retry the teacher.
The aide, Gregory Atkins, made the boy undress multiple times to “check for bruises,” as well as attempting to get the boy perform a sex act, say prosecutors. The defense said the boy made up the encounter to get revenge against Atkins, who was strict with him, the Post reported.
Five members of the jury vote to convict, while seven of them wanted to acquit. “The pro-acquittal majority agreed that the boy’s emotional and authority problems, along with a lack of corroborating evidence, raised reasonable doubt as to Atkins’ guilt, said one female juror from the not-guilty camp,” said the Post. Atkins was acquitted of child pornography charges.
The child had been very emotional during his testimony, accusing the opposing lawyer of bullying him.
PS 87 on 78th Street is known as one of the best schools in the city. The case was particularly shocking because Atkins’ behavior around children had been questioned before the incident.
Atkins remains in custody after not posting $250,000 in bail. The next court date is Feb. 15.
