Sahuarita police expect by Tuesday to release all reports on the aggravated assault and kidnapping arrests of seven Sahuarita High School wrestlers, including three juveniles who have been in custody since Jan. 17.
That will come in time for a Tuesday trial review hearing for one of the defendants in Juvenile Court, where a judge could order his release.
The reports are expected to provide details that may contradict those in the only report that has been released so far, one in which a witness alleges body penetration and another lewd act. That report has been widely quoted in news media accounts, but days after it was released, Sahuarita police spokesman Sgt. Matt McGlone said further investigation has shown there was no penetration or sexual assault.
McGlone said Friday that the Juvenile Court already has the information it needs from police to conduct the Tuesday hearing and that a detective will be present.
Two other juveniles still in custody are set for hearings Thursday and the hearing date for a fourth juvenile, who has been released from custody, was not available.
In the past, Juvenile Court officials have said they have three juveniles in custody, but on Friday Juvenile Court Administrator Stephen M. Rubin noted that one more juvenile had been released by order of a Juvenile Court judge who saw him within 24 hours of his being taken to court.
Meanwhile, the three 18-year old defendants were released on bail and have not had arraignment dates set.
Unlike the adult defendants, Rubin said, juveniles cannot post bond.
Rubin said the three juveniles were kept in custody because a judge ruled that each was likely to have committed the offense charged and also each one was either a risk to skip future court appearances, was a threat to himself or others, was wanted elsewhere, or that “the interests of the juvenile or the public require custodial protection.” Rubin, a former Juvenile Court judge for more than 20 years, acknowledged that the last category is a “catch-all” that is frequently cited by judges who order defendants held.
Rubin said that all the juvenile defendants were appointed lawyers, either public defenders or court-appointed lawyers in private practice, almost immediately upon entering the court system.
The seven are charged with felony kidnapping and aggravated assault for a Jan. 15 locker room incident that police characterize as horseplay gone too far, in which a freshman allegedly was held on the floor and had his pants pulled down.
McGlone said Arizona statute requires police to file the kidnapping charge when someone is held against his will and the aggravated assault charge is required when more than one person is alleged to have committed an assault. McGlone said prosecutors will have to decide whether to press the felony charges or file other charges.
Philip Franchine | 547-9738