Nicholas A. Deary and Joseph E. Iannuzzi, both 18, were arrested and charged with "tagging" and the felony of making a bomb or hijack threat with serious public alarm, after spray painting the messages "school shooting" and "5/12" on the rear of their school. The messages were discovered and reported to police on May 11.
Both teenagers pleaded innocent to the charges, which included Deary being charged with malicious destruction under $250, and Iannuzzi being charged with malicious destruction over $250.
They head back to court today to learn their fate, which could include three to 20 years in state prison under the state's new anti-terrorism law.
Iannuzzi's lawyer, Peter Bella, is optimistic that today will be his client's last day in court.
"It's my hope that we can resolve the case on Thursday," he said earlier this week. "We're looking for a resolution that might include restitution or informal probation, but not permanent charges."
Both teens, seniors at Weston High School when the incident occurred, were not allowed to participate in graduation on June 6 or any other school activities through the end of the school year. They were also ordered by Middlesex District Court to stay away from school grounds and away from each other.
"I'm hoping the court will have sufficient evidence of guilt, but due to the situation and the boys' clean record up until this point, we will be willing to keep their records clean," Bella said.
Bella added that the charge of making a bomb or hijack threat has no jurisdiction in District Court. He hopes the district attorney will dismiss that charge today, so that the court has jurisdiction over all the charges and can resolve the case fully.
"Hopefully my client and Nick Deary will have no permanent record," Bella said. "There is no doubt in my mind, (Iannuzzi) learned his lesson."
There has also been talk of Iannuzzi and Deary performing community service and writing a formal apology to the town and school to be published in local newspapers, Bella said.
"Whatever the court deems appropriate, we would go along with that," he said. Deary's lawyer, Conrad Bletzer, could not be reached for comment.
Iannuzzi has spent his summer working at an area bake shop to help pay restitution to the town and school and to reimburse his parents, his lawyer said.
"He said he was going to work hard to try and make a dent in his parents' legal fees," Bella said. "I have confidence that he will follow through with that no matter what the outcome of the case."
At this point, Iannuzzi plans to begin classes at an undisclosed college in the fall. "Of course, if there is a conviction, all bets are off," Bella said.
Acting Police Chief Roland Anderson agreed that the charges against Deary and Iannuzzi are serious, but he said a resolution would benefit everyone involved.
"We'd like to get the matter resolved soon," he said. "It would be good for them and good for the town to come to a resolution."