May 4, 2010
False Bomb Threat
Disturbing a School Assembly
According to the police report, the client/student was in the female bathroom at their school when another girl asked for her lipstick. Once in her hand, the other girl proceeded to write out a specific bomb threat on the wall of the bathroom. As a result of the written threat, the school authorities were notified and took precautionary measures which resulted in a major disruption to the school. The measures that had to be taken included a full evacuation and securing of the building. Local police and fire rescue were called as a result of the threat. Under the joint venture theory of criminal prosecution, the Commonwealth could attempt to convict the client just on her limited role in the bathroom. However, more problematic would have been her alleged statements to other students that she was the one who wrote the statement as well. Also, the girl in the bathroom blamed Attorney Barabino's client. Nonetheless, the school proceeded with long-term suspension and the police summoned her to a clerk-magistrate hearing. Working with all involved, Attorney Barabino represented the juvenile at the clerk-magistrate hearing. Several conditions and obligations were placed on the client and in return the clerk would not formally file the complaint in court. Client never appeared before a judge. The case would therefore never appear on her criminal record.
Result: Application for Complaint, NEVER FILED, CASE TO BE DISMISSED
