Wednesday May 16, 2012

PITTSFIELD -- Scott Muir, a former counselor at the former Stock bridge Plain School, was arraigned on Tuesday in Berkshire Superior Court on 16 charges -- four more than he had been facing initially -- for alleged sexual assaults on three female students from 2003 to 2005.

Muir, 36, of Church Street, Stock bridge, pleaded not guilty and re mains out on $10,000 cash bail. He was ordered not to have any contact with the three alleged victims or their families and to refrain from having any "caretaking role with children under 16."

Muir is on paid administrative leave from his town positions as captain of the Stockbridge Fire De partment, town emergency management director, and Town Offices facility manager, as well as his seat on the Board of Health.

Muir worked for the Berkshire Hills Regional School District from 2002 to 2007 as a student center support coordinator, with responsibilities that included controlling student behavior and improving student self-esteem, as well as supervising children in the cafeteria and playground. He was laid off due to restructuring within the district.

According to a police report, two 10-year-old students in 2004 accused Muir of inappropriately touching them while giving them piggyback rides on the playground. At the time, one of the students also said Muir pulled up her shirt twice and pulled up her dress and grabbed her buttocks over her underwear on another occasion. Those alleged victims are 17 and 18 now.

The DA's office did not charge Muir at the time, saying the information obtained in 2004 didn't warrant the filing of criminal charges.

But a third student, now 16, came forward in March, accusing Muir of raping her in his office multiple times between 2003 and 2005. This led state police to contact the other two students, who were re-interviewed and made much stronger accusations against Muir.

On Wednesday, Muir pleaded not guilty to three counts each of rape of a child with force and indecent assault and battery on a child under 14 for the alleged crimes involving the girl who is now 16; three counts of indecent assault and battery on a child under 14 and a single count of attempt of that crime allegedly involving the now 18-year-old; and two counts of rape of a child with force and four counts of indecent assault and battery on a child under 14 in connection with the alleged incidents that involved the girl who is now 17.

Muir was indicted on more charges than originally filed, including an additional count of rape of a child with force and additional counts of indecent assault and battery on a child under 14.

William A. Rota, Muir's privately retained attorney, and Assistant Berkshire District At torney Rachel Eramo agreed to a Nov. 13 pretrial hearing date.