Another win for former Marblehead school boss

LYNN – Embattled Marblehead Community Charter Public School former head Thomas Commeret appeared to be winning another victory Tuesday in Lynn District Court – and a third test is coming next Thursday.Commeret, 55, has had the felony assault charge against him reduced to misdemeanor assault and battery, and Tuesday morning Judge Mic-hael Laurenzano app-eared likely to allow Commeret’s lawyer to examine his accuser’s medical records as well.Commeret’s lawyer, Boston Attorney J. W. Carney Jr., filed a motion to obtain the records of an April 26 examination by Dr. Robert Macy of Boston and a May 11 examination by Dr. Clovene Campbell.Carney told the court the alleged assault took place April 9, the day an MCCPS teacher saw bruises on the arms of a 14-year-old student, but new bruises were observed two days before Macy’s examination. Also, the alleged victim’s father went to police after a third alleged assault took place May 7, resulting in an interview by Campbell, which was referred to the Division of Social Services.Commeret was arraigned June 11, charged with assaulting and threatening a 14-year-old Grade 8 student after she saw him drinking something that appeared to be alcohol in his office.Carney argued that the interviews were relevant to his defense due to the time frame he listed and the fact that the victim and other students told different stories about the bruises.Assistant District Attorney Kim Faitella called the motion “a fishing expedition,” reminding the judge that Commeret allegedly threatened the victim, prompting her to tell the teacher the bruises were the result of an accident. She said she had no objection to Carney obtaining DSS records about the second interview and there were other sources for the information in Macy’s records.Laurenzano said Campbell’s records were not privileged and could be summonsed in. As for Macy’s records, the judge said, “My inclination is to order Dr. Macy’s records to be produced for Mr. Carney alone. You (Carney) may read them, but not show them to anyone, including your client.”Carney also filed a motion to dismiss the charges of assault and battery and threats, arguing that they are misdemeanor charges and state law allows Commeret the right to a clerk’s hearing on them before they were heard by a judge. If the judge allows that motion, Faitella will have to start the process all over again, applying for a clerk’s hearing.Laurenzano set Dec. 13 at noon as the date for a hearing on the motion, and a tentative date of Jan. 9 for a trial.After the hearing, Carney told reporters the victory represented “one more step on the way to get justice for Tom Commeret.””He’s encouraged,” Carney said of his client’s reaction to recent results.In addition to the medical records, Carney said, “We have identified numerous witnesses who will offer their opinion on the alleged victim’s reputation for truthfulness.””If children are allowed to make allegations, their reputation for truthfulness should be considered at the trial,” he added.