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District: DePalo Should Have Faced Jail Time

West Orange Interim Superintendent Jim O'Neill says the county's plea bargain with a high school English teacher for her sexual relationship with a 15-year-old student is too light.

 

The interim superintendent of the West Orange School District said Tuesday he was “personally disappointed” and felt the parents and students in the district “have been poorly served by the justice system in Essex County” after high school English teacher Erica DePalo pleaded guilty to charges of endangering the welfare of child and received no jail time. 

District Interim Superintendent Jim O'Neill complained the county treated the incident too lightly, citing a decision by a judge in a nearby county recommending seven years in jail in a similar case.

Erica DePalo, 33, of Montclair, was accused of having a sexual relationship with a 15-year-old student. Those charges were dropped after she accepted a plea bargain in a Newark Superior Court.

"I could not imagine that a teacher who admitted to engaging in sexual relations with an underage student would not face any jail time," O'Neill said in a release.

The interim superintendent's full statement appears below:


It is my personal belief that the citizens of West Orange, the parents and most importantly the students in the West Orange schools have been poorly served by the justice system in Essex County.

In my long professional career I could not imagine that a teacher who admitted to engaging in sexual relations with an underage student would not face any jail time. A nearby county just recommended 7 years for a teacher under similar circumstances.

While the state is fixated on test results and revamping the evaluation system we are faced with a decision that sends, at best, a disconcerting message about the tolerance the state has for such inappropriate behavior.

It is my belief that this verdict demonstrates little regard for tens of thousands of educational professionals who take their responsibility to be role models seriously.

 I am disappointed and dismayed that such a serious breach of every ethical standard was treated so lightly by our judicial system.


 

Related Topics: Erica DePalo and O'Neill

Milton Armitage

5:44 pm on Tuesday, February 19, 2013

She should see her priest for counseling.

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Howie

6:18 pm on Tuesday, February 19, 2013

Thank you Mr. O'Neill. You are right. Why did she not get jail time? Because it's a "she". You can be if this were a 33 year old man having sex with his 15 year old female student, he'd be in jail, plea bargain and all. That's why there are so many of these stories recently. There is no deterrent since most of these female teachers get probation and nothing more while men would be put in jail for years.

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Adam Kraemer

8:08 pm on Tuesday, February 19, 2013

Mr. O'Niel is right. In this case mercy for the guilty is a lack of justice for the viticm.

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Chuck

1:44 pm on Wednesday, February 20, 2013

The Prosecutor is a Woman & she felt Sorry for another Woman who was misguilded --Bullshit the teacher is a Sex Affender & if she had of been a Man she would of gotten the Max 20 to life ---Its Sad when the Prosecutor won't do their Job because their a Woman --I feel Sorry & Affraid for the Kids & Parents in that County & the Prosecutors & Judges in that Town should be Impeached

William H. Trammell

8:08 pm on Tuesday, February 19, 2013

I find these are caucasian women that looks wanton to the people that attempts to convict them. So, if they were to meet at a later time in a bar, the judge or prosecutor
would make a play and remind them of their ordeal in the past. So, this is a open act of testing out with pleasure of to sadisfy these women's desires on a older scale. Bill,

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Gary Englert

9:26 pm on Tuesday, February 19, 2013

While Mr. O'Neill's outrage as an educator is understandable, we must all understand that each such case is different and we are not privy to the evidence or testimony that may, or may not, have been presented at trial.

Perhaps the most salient point here is that the parents of the young man are satisfied with the outcome and he is spared the trauma of testifying in court.

For those suggesting the sentence is too lenient and/or that male offenders are treated differently, do know that DePalo's sentence remains significant and has marked her for life...and that her's is a life now in shambles.

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badbul

10:18 pm on Tuesday, February 19, 2013

Agreed.

I'm sure the prosecutors office had made the victims parents aware of the plea bargain before they offered it and the parents agreed to the deal.

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barry_geltzeiler

10:08 am on Wednesday, February 20, 2013

Gary, having empathy for a pedophile as DiPaolo is can be likened to feeling pad for a man who killed his parents because he is now an orphan.

Her life is in shambles and is ,marked for life because she preyed on our school kids.
Lets be real here and not look at it different because she took advantage of a male student. She did a henious crime and took advantage of a 15 year old. end of story

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Gary Englert

1:44 pm on Wednesday, February 20, 2013

barry geltzeiler:

The essence of my post is certainly NOT to express empathy for Ms. DePalo; rather, it simply acknowledges practical realities of prosceuting anyone and the significant differences in both jury pools and a criminal justice system that varies from county to county.

In Essex County (most notably with regard to the Newark school yard murders of August 4, 2007), defendents aged 15 are routinely tried as adults. Such was the case of Gerardo Gomez (who turned 15 on the day of the murders), sentenced to 195 years in prison for his part in the crime on January 9, 2013.

The point being that it is no small mountain for prosecutors to climb in trying to convince a jury that one 15 year old boy having sex with an adult is an innocent victim, when it has also argued that another was fully cognizant of his actions and criminally responsible for murder.

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Chuck

1:44 pm on Wednesday, February 20, 2013

You know it as We all do if a Man did the Same Crime he would get 20 Years to Life --Because she's a Woman she gets a Slap & Says now be Nice for the rest of your Life --And people wonder Why Alot of American's Hate our Justice System & Govt

John mitchelle

9:56 pm on Tuesday, February 19, 2013

Mr. Oneil get your district inorder! Your schools are failing the kids, not only this teacher. We need to see progress. What have you done for WO since you were appointed to interim. Nothing!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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john anthony prignano

10:40 pm on Tuesday, February 19, 2013

John mitchelle is correct. Mr. O'neil has done nothing, and he will continue to do nothing.

John mitchelle

10:18 pm on Tuesday, February 19, 2013

Wasting taxpayers money and condeming a teacher. He without sin cast the first stone. I am sorry for this poor young lady. No one deserve supervision for life. Sex with a minor is bad, but she did not rape him.

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Ralph

1:44 pm on Wednesday, February 20, 2013

So if this had been "Eric" DePalo, 33, of Montclair who admitted to engaging in sexual relations with a 15 year old female student....Would you feel the same way?

A pedophile is a pedophile.....Superintendent Jim O'Neill is correct in that she should have faced jail time.

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Gary Englert

5:24 pm on Friday, February 22, 2013

Ralph:

FYI...Jump to: navigation, search

A pedophile is a person 16 years of age or older who is primarily or exclusively sexually attracted to children who have not begun puberty (girls 10 years old or less, and boys 11 year old or less, on average).

Chuck

1:44 pm on Wednesday, February 20, 2013

Its Sad when a County votes for a Woman for Prosecutor ( And that woman doesn't do her Job ) And gives a Sexual Offender a Slap on the Hand because she's a ( Woman )--That Prosecutor should be Impeached & If I was a Parent or Teacher or Kid in that County --I would feel Affraid for the Kids & People in that County --As the Prosecutor will let Women get away with Crimes that they wouldn't let Men get away with --If that Teacher had of Been a Man that same Office would of tried to get him 20 Years to Life ---She needs to be Impeached

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Ken

8:04 am on Thursday, February 21, 2013

We don't elect prosecutors in New Jersey. Thanks for playing.

Chuck

1:44 pm on Wednesday, February 20, 2013

TO The People of Essex County ,NJ --- You should Impeach that Woman Prosecutor & get a Man in their Who won;t Care about a Criminals Sex but who'll Focus on their Crime & Protecting the People & Kids of the County

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Gary Englert

1:44 pm on Wednesday, February 20, 2013

John mitchelle and john anthony prignano:

Your criticism of Mr. O'Neill is both unwarranted and clearly not germane to the content of this article.

In terms of how both he and the WOBOE handled this particular matter, they have all that they could and should have done under existing rules, regulations and law.

Any individual can go "off the reservation" in some egregious way at any time and it is simply absurd to think that their friends, family or employer are somehow culpable and/or in any position to stop or prevent them from doing so.

Let's keep in mind that these crimes didn't happen at center court in the school gym but, in a private residence and after school recessed for the summer.

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john anthony prignano

4:08 pm on Wednesday, February 20, 2013

Gary Englert;"I'm simply suggesting that the 15 year old victim engaged in this activity { if it indeed occurred } of his own free will,and absent any mental impairment,knew exactly what he was doing.The "age of consent " in New jersey is 16; are you really trying to tell me a few months, or even a year,make that much difference in the decision making process? I really don't think it does ..... just sayin'" Englert's suggesting that the 15 year old victim engaged in this activity of his own free will.....if it took place at all????? - A hypothetical on someone's innermost thoughts and actions, based on a hypothetical. Wow. Really abhorrent comments. The woman admitted to endangering the welfare of a child, the child is her victim.

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john anthony prignano

4:08 pm on Wednesday, February 20, 2013

The above quote was made by Gary Englert on September 2, 2012. Dr. O'Neil has done nothing , zero, to improve the quality of education in West Orange. In my opinion, he is doing nothing more than grandstanding .He knows his indignation will change nothing, and he does not know all the facts in the case, far from it, and he doesn't know how and why the plea bargain was arrived at. Grandstanding by a paper tiger. Grammar schools and middle schools standardized test scores, instructional time,HSPAS,SATS ? Doctor, thrall us with your acumen and your plans. Show us you're not ineffectual.

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john anthony prignano

5:22 pm on Wednesday, February 20, 2013

I hope people have noticed that students have written in saying they went to different teachers to mentor them because quote; "They had nowhere else to turn. " I said ; Nowhere else to turn ??? Guidance counselors, school psychologists, school social workers, substance abuse coordinators, a Character Curriculum, anti - bullying and tolerance instruction, conflict resolution, outside agencies, clergy etc.etc. Get rid of these school employees who are virtually useless. State laws say that many { but far from all } of these people have to be there, BUT, they don't have to be Union members, the State has no specific ratio of students to guidance counselor, and so on . Outsource these jobs. Save money, lots of it, and give the powers - that - be the power to get rid of ineffectual and incompetent people.

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Franklin Street

1:37 pm on Thursday, February 21, 2013

But, all of these useless positions are "for the kids".

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john anthony prignano

1:34 pm on Friday, February 22, 2013

Franklin Street LOL. Many years ago, after my wife and I had voted on the school budget and were walking to our car, a woman who was well - dressed from head to toe and wearing a beautiful fur coat asked us if we had voted yes on the budget. When we let her know we had voted no, she yelled, "Come on, it's for the kids!" When a lot of people began to realize that that catchphrase was a lie, it changed into " Our mission is to prepare students to be successful in the hi - tech, hyper - competitive global economy of the twenty - first century." How come we haven't heard that one in quite a while? - 21% of the jobs lost during the "retraction" paid $13.50 an hour or less. 58% of all the jobs created during the "recovery" pay 13.50 an hour or less - they are largely in retail sales and food preparation. Franklin Street , great comment. .

Status Quo

5:22 pm on Wednesday, February 20, 2013

Actually, it's not "Dr. O'Neill", it's "Mr. O'Neill". O'Neill holds a Masters Degree, not a Doctorate.

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john anthony prignano

9:10 pm on Wednesday, February 20, 2013

Status Quo Correctness is my vade mecum, so Mr. O'Neil it is.

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Gary Englert

8:04 am on Thursday, February 21, 2013

john anthony prignano:

My comments (referenced above) were made months ago and part of an academic discussion of DePalo having (then) already been tried and convicted in the media and well prior to the action taken court yesterday.

That said, the issue of the victim's age remains relevant and was likely put into the equation when a plea bargain was reached.

In a county where 15 year olds are routinely tried as adults, and where one was recently held fully responsible for his actions, found guilty and sentenced to 195 years in prison, it would remain no small task to convince a jury that another 15 year old was anything less than fully responsible for his actions as a willing partner in a sexual relationship.

These arent "abhorent comments" but, a practical assessment of what prosecutors would face when trying to bring this matter to trial.

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Ralph

9:39 am on Thursday, February 21, 2013

Teachers are entrusted with our children and should be held to a different standard than a 15 year old child. Who cares if the boy was a willing partner in the relationship....He is not the adult in the relationship, nor is he the teacher.

Interim Superintendent O'Neill is right to feel that the parents and students in the district have been poorly served by the justice system in this case.

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Gary Englert

3:49 pm on Thursday, February 21, 2013

Ralph

Mr. O'Neill surely has a right to hi opinion but, neither his nor yours trumps the reality of what is required to successfully prosecute a case.

The bottom line is the publc makes up juries and they'll have opinion as varied as one sees on these message boards.

For some, the fact that a 15 year old can be held responsible for murder but, not for engaging is sexual intercourse, are contradictions not easily reconciled.

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Ralph

3:09 pm on Friday, February 22, 2013

That's a false equivalence.....In this particular case there was an adult involved in the relationship...and if that wasn't bad enough she was also the boys teacher.

No one ever knows what a jury will ultimately decide but the district should have pushed much harder for a conviction.

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Gary Englert

5:24 pm on Friday, February 22, 2013

Ralph:

There's no "false equivalence" in my observation at all but, you are absolutely correct in saying that "No one ever knows what a jury will ultimately decide" and that is among the reasons the plea arrangement was accepted.

You need the unanimous opinion of 12 people to convict someone of a crime and just one thinking a 15 year old knows precisely what he is doing when it comes to sex and/or thinking he wasn't harmed as a result, is enough to lose at trial.

That said, the school district had no standing to "push" the prosecutor's office to do anything here; while DePalo is an school employee, the crimes occurred off school grounds and during summer recess.

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Ralph

6:19 pm on Friday, February 22, 2013

By district I meant Essex County.....not the school.

Does the boy have to be harmed in order to convict the adult, who also happens to be his teacher, for engaging in a sexual relationship with the 15 year old??

Would the circumstances have been different if this had been a male teacher and the student a female? In my eyes it should make no difference. A teacher should be held to a higher standard when it comes to the students.

john anthony prignano

9:15 am on Thursday, February 21, 2013

They are abhorrent comments. Mr. O'Neil is quoted in today's Star Ledger;" While the state is fixated on test results and revamping the evaluation system , we are faced with a decision that sends, at best, a disconcerting message about the tolerance the state has for such inappropriate behavior." The Prosecutor's office said each case is unique and stands on it's own set of facts. Assistant Prosecutor Tony Gutierrez said he had spoken with the boy's family and they were happy with the plea. O'Neil's comments are simply grandstanding by a paper tiger.What does the state's "fixation with test results and revamping the evaluation system" have to do with this case? The answer is,absolutely nothing. O'Neil just couldn't resist the opportunity to make yet another attack on educational standards. He has done nothing to improve education in West Orange, and I seriously doubt he ever will.

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john anthony prignano

1:37 pm on Thursday, February 21, 2013

I am questioning Mr. O'Neil's sincerity and motives, and thus his "stated " opinion on the matter. " While the state is fixated on test results and revamping the evaluation system..." Ridiculous, and as far as I'm concerned, painfully obvious.

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john anthony prignano

10:05 pm on Thursday, February 21, 2013

MILLIONS are spent on guidance counselors, school psychologists, school social workers, substance abuse coordinators, anti - bullying coordinators ,and anti - bullying and tolerance instruction. There is a character curriculum, there are outside counseling services,family, clergy, and on and on. Yet more than one student or former student of Ms. Depalo said Ms. Depalo was a wonderful mentor who was always there for them. One former student wrote; "Only those who were lacking saw their guidance counselors more than once a year." This former student also said they poured out their heart to Ms. Depalo, and Ms. Depalo taught them valuable lessons about life .This student wrote;"Therefore my need to defend her until I'm proven wrong and then being lawfully guilty does not prove moral guilt in my heart." Recently, a letter writer praised another teacher for being a mentor to students who felt " they had nowhere else to turn." Nowhere else to turn, nowhere else to turn..... For a great many reasons, a very, very sad situation.

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Paul

10:05 pm on Thursday, February 21, 2013

I really don't see what business the school district has in commenting on the leniency of the prosecution for a case that happened during the summer. The most influential event in the case was that the student and the parents decided on their part to agree to a plea bargain. The student is the damaged party, not the school system. If the student and the parents are satisfied with the plea bargain, and see no reason to pursue a harsher ruling (which they very well could have), that is they're decision not the school districts decision.

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Gary Englert

8:25 am on Saturday, February 23, 2013

Ralph:

Under the law, no physical/emotional/psychological harm must be inflicted on the victim for a teacher having sex with a student to constitute a crime.

We must, however, be mindful that people (read prospective jurors) do harbor their own prejudices and, yes, even support the age-old double standard with regard to men and women and sex.

There are simply a significant number of people who are disinclined to believe a 15 year old boy isn't fully ready, willing and able to have sex, regardless of the fact he may be below the age of consent...which many think is arbitrary and unrealstic.

Again, you just need one such person on a jury of 12 to lose and I'm sure this was a consideration when the plea agreement was negotiated and accepted.

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Gary Englert

10:29 am on Sunday, February 24, 2013

barry_geltzeiler:

Your refering to Ms. DePalo as a "pedophile" is a label unfounded by anything that is common public knowledge at this point in time: a pedophile is someone of either sex whose primary sexual attraction is to pre-pubescent children...girls 10 years old, or less, and boys 11 years old, or less, on average.

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Bob McNinch

6:07 pm on Sunday, February 24, 2013

Don't you think that you would be better off sticking with your educating people and let the courts do their job? We may not always agree with everything just like I believe the schools are not always right in some of their Educating practices. Since we incarcerate many people, one reason is to reform these people by teaching them to live in our society. Therefore as an outupstanding reputable educator I think you would be perfect in voluntaring some of your expertise to help these people reform back to productive civilian life. I am not in law enforcement or education but I still volunteering my servives in what I am able to do. Hope you can join us.

P,.
professional, I feel that such a respectable outstanding citizen,it would sure would be admiral if you would donate some of your teaching abilities to helping to reborn some of these people to live in our society and maybe even in my neighborhood or yours. What ta ya say, let's do it?

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Bob McNinch

8:59 pm on Sunday, February 24, 2013

Gee Gary, I wonder if the last time a male teacher was tried and convicted for a simular crime did Mr. O protest publicly about what he got as punishment. Was it fair and just or was it somewhat extreme. I sure hope he spoke up for this teacher or did he feel the teacher got what he deserved. Makes you wonder, does'nt it?

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Gary Englert

11:25 am on Tuesday, February 26, 2013

Bob McNinch:

Truth is that while these incidents do happen, they aren't so frequent that every Superintendent in every district has had one involving one of their employees...and I doubt if Mr. O'Neill would have ever felt compelled to comment about one involving someone not employed by the district he was running.

That said, I'd give him a pass here as his is a visceral show of outrage albeit, without having thought it all through.

Again, I think the prosecutors agreed to the plea they did based on the evidence (or lack thereof) in this particular case...and it wasn't about any double standard for men versus women similarly charged.

It is more about a reluctant witness, his parent's sentiments and the difficulty convincing 12 people on an Essex County jury that a willing 15 year old male was an innocent "victim" in repetitive trysts with an attractive, 33 year-old woman...teacher or not.

Regardless of what the law may say, some people just aren't going to feel he was and a conviction at trial couldn't be assured.

Still...was justice done here?

I believe it was.

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Brett Murray

8:20 am on Sunday, March 3, 2013

Mr Englert
I have read your posts in regard to this article and I'm confused about something, You make statements as if this 15 yr old is some how guilty of a crime as you compare it to a 15 yr old who has committed a murder. Sorry but last time I checked a 33 yr old having sex with a 15 yr old is illegal in every state in this union. The adult in this case is 100% responsible and should bear 100% of the punishment. It surprises me that you as an ex military member are having a difficult time with who the responsible party is under the law. The only thing missing is the UCMJ.

Gary Englert

12:03 pm on Sunday, March 3, 2013

Brett Murray:

I have more than passing familiarity with civil law, criminal law and the Uniform Code of Military justice and, if you reread and absorb precisely what I've written, you'll see I have no difficulty understanding who is responsible under the law.

What I also understand, however, is the fact that the intellectual capacity of jurors is as dissimilar as snowflakes and that you need 12 of them to agree to win a conviction at trial.

While the law is what the law is, people carry their innate prejudices with them into a jury deliberation and the result will be anyone's guess.

Of consequence, for all the reasons previously stated a plea agreement was accepted and I also fully understand the justifications for doing so and have tried to explain them.

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Craig McCarthy

5:03 pm on Monday, April 29, 2013

Former West Orange High School teacher, Erica DePalo, 33, of Montclair, was sentenced to a three-year suspended sentence of parole with no jail time Monday afternoon, the Essex County Prosecutor's Office said. http://westorange.patch.com/articles/former-high-school-teacher-admits-to-sex-with-student-gets-parole

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