LYONS, N.Y. — Two of the four teens accused of a brutal assault in a Clyde-Savannah High School locker room were in court Wednesday morning. The other two teens are in court Thursday. 

Three of the boys – ages 15, 16, and 17 – are charged with aggravated sex abuse, forcible touching, and hazing. In addition, a 16-year-old is charged with unlawful surveillance.

Wednesday morning, Judge Richard Healy spoke briefly with lawyers on both sides about how the teens will be tried. Because of state law, the teens cannot be tried as adults. 

The prosecution wants the case to stay in youth part, which is a part of the county court criminal justice system. The defense wants the case moved to family court, due to the age of the defendants. 

In family court, the teens would be tried as juveniles, and their case would be closed to the general public. Their records would be sealed due to their youthful offender status. 

In youth part, while the teens aren’t tried as adults, the case and records would remain open to the public.

Defense Lawyer Mike Schiano, who is representing one of the teens, said that the boys haven’t been in school since the alleged incident happened. 

While the case has gripped Clyde and Savannah, the details on what exactly the boys did in the locker room have been kept quiet by police and prosecution.

“This isn’t just something that will be brushed under the rug, we’re taking it seriously,” First assistant District Attorney Christine Callanan said. “But this is just something that has to play out in the court system, without being able really to provide any information beyond that […] Even though its to the detriment of the community and them being able to know everything that’s going on, it’s for preservation of this case and doing the right thing by everyone involved.” 

Police said that the incident was recorded and shared on social media. Schiano said that he has reviewed the multiple videos. 

 “There’s video of an incident, yes. What it shows is going to be up to some interpretation,” he said.  “I think everyone should keep an open mind, these are teenagers going through a critical time here, and they should all keep an open mind and wait to see how the system plays out basically.”

The other two boys will be in court for a similar quick proceeding Thursday. After that, they will gather again on December 6, when Judge Healy will review both arguments, and decide in what court system this trial will play out. 

News10NBC will be in court both days.

RELATED:

• Assistant DA speaks about Clyde-Savannah sexual assault investigation: ‘I know this community is suffering’ (Nov. 10)
• Neighbors react after teens indicted in Clyde-Savannah assault (Nov. 9)
• Four teens indicted for sexual assault in Clyde; Police say it was recorded and shared online (Nov. 9)
• Parents push for transparency after alleged locker room assault at Clyde-Savannah High School (Nov. 6)