Ex-charter school head seeks lesser charge

LYNN – Thomas Commeret, 55, the former Marblehead Community Charter Public School head of school, wants the felony assault charge against him reduced to misdemeanor assault and battery.Judge Michael Lauranzano was expected to issue a ruling on the request within a week.Commeret’s lawyer, Boston Attorney J. W. Carney Jr., filed a motion to reduce the Marblehead police charge of assault and battery with a dangerous weapon to assault and battery Wednesday morning in Lynn District Court. He pointed out that he is not conceding any grounds for an assault and battery charge by filing that motion.Commeret was arraigned on that charge June 11 in Lynn District Court. He is charged with assaulting a 14-year-old eighth grader after she saw him drinking something that appeared to be alcohol in his office on April 11. The charge came to light after police investigated the incident in mid-May.At his arraignment, his previous lawyer Debra Del Vecchio tried unsuccessfully to get the charge reduced, pointing out that the victim told two other versions of the story before naming Commeret. Assistant District Attorney Kim Faitella said the dangerous weapon was the door Commeret allegedly pushed the victim into. Laurenzano told Del Vecchio the police lieutenant on the case signed off on the felony assault charge.Wednesday morning Carney bolstered his motion with references to court cases in which the Supreme Judicial Court ruled that a dangerous weapon had to be an object that could cause death or serious bodily harm.As an example, Carney cited a case in which a sidewalk became a dangerous weapon because an assailant banged a man’s head against it several times.Noting a police report that said Commeret pushed the girl against the door, held her there and threatened her, Carney said there were clothes hanging on the door, providing a cushion, and nothing in the report indicated that the door was used to cause physical injury.Faitella argued that Commeret’s intent was not relevant to the charge.”It’s the manner in which the door was used,” she said. “An adult male grabbed a 14-year-old child and pushed her against a door.”After the hearing, Carney told reporters he has also filed a second motion, seeking medical reports on bruises the victim received. He said two doctors saw her on two occasions in May, one from Division of Social Services and the other a private physician.”Normally I wouldn’t get doctors’ records,” he said, “but here I think they provide relevant information regarding this witness’s credibility.”Commeret is due back in court Dec. 4 for a hearing on that motion. The victim may be present at that hearing.