Published: December 02, 2008 10:09 am      

MEDINA: Band director awaiting second hearing

Just two weeks after one count of official misconduct was dropped, Scott Ballard, 33, returned to the Village of Medina court Monday for a hearing on the second official misconduct charge.

Ballard, director of the Mustang Marching Band at Medina High School for the past 11 years and a lifelong Medina resident, was arrested Sept. 19 for allegedly having relationships with two former students in 2004 and 2006. Both females were 17 years of age or older at the time of the alleged relationships.

On Nov. 17, one of the two official misconduct charges was dropped by Judge Lawrence Sanderson. Ballard’s lawyer, Thomas Calandra, requested the dismissal of the charge for the student in 2004.

District Attorney Joseph Cardone asked the court Monday to set a date to hear testimony for the second charge of official misconduct for the alleged relationship in 2006. The court date would allow the judge to hear the testimony of several witnesses in the case and determine if the evidence can be used in trial.

Calandra stated that he had hired a private investigator to elaborate on the two affidavits that Cardone had presented.

“Nothing warrants a hearing,” Calandra said. He said when his private investigator spoke with one victim, she said she had told the district attorney nothing had happened between her and Ballard.

“You’ll not find a case where the victim will say nothing happened,” Calandra said.

He also told the judge that his private investigator spoke with the other witness, who made a statement about an alleged relationship nine years ago, unrelated to his misconduct charge. He said the woman told the investigator she contacted the district attorney’s office and state education board explaining to them that nothing happened.

“Nine years ago is an awful long time to bring something up that never happened,” Calandra said.

Cardone explained to the judge that their case is not claiming inappropriate sexual conduct. He said that the charges are based on inappropriate conduct for a teacher with a student.

“It doesn’t matter if it was a month ago or 30 years ago,” Cardone said. “It’s not just the district attorney making it up.”

Sanderson said that he wanted to review the affidavits and the information sent in by Calandra before he decides if a hearing is necessary. Sanderson set a tentative hearing date for 11 a.m. Monday. The hearing will decide if witnesses’ testimony can be heard at the trial.