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With this in mind, Campbell slammed NOPD for arresting two women who do not "have a blemish on their record who are now saddled with defending a charge that is reserved for people who are predators." She said the police knew her clients possessed "no ill intent in transferring the video." "Even if the charges are refused or dismissed, this is always going to be on these records and they are educators," Campbell said.
"Already their lives have changes simply by the fact that they were arrested." Campbell said detective De Irish "immediately started throwing around" the possibility of her arresting the school officials "right there and then" for pornography during her visit to the school once she learned the video was transferred.
She stressed by phone Wednesday that her clients were attempting to prevent a child from leaving the school with an explicit video that the attorney has not seen herself.
Campbell said her clients wanted to preserve the footage "just in case," and she assumes "the deletion and transfer of the video to their phones is what NOPD is characterizing as obstruction of justice." She also said their act of preserving the evidence on their phones is what NOPD is using to charge them with child pornography.
Although authorities deemed Shane and Kusmirek's actions criminal, a statement released by Gangopadhyay Wednesday stated "they took appropriate action and protected the interests of our school and the safety of those students." He also stated the school performed an internal investigation into the incident and ruled the staff followed their procedures for supervising and protecting their students.
He also said "no disruptions to normal operations" have occurred at the school since the incident.
An affidavit for Kusmirek's arrest warrant from the 41st Judicial District Court states New Orleans detective Bianca De Irish on April 27 was called in to investigate an allegation of child abuse involving a 13-year-old girl.
Gangopadhyay also told police he "could not advise" who recorded the incident.The mother learned a male teacher had also entered the restroom and caught the boys watching the video, which prompted the unidentified teacher to confiscate the phone to report the incident.Shane was among the school officials who spoke with the child's mother on April 26, and the report stated Shane said she watched the video before she emailed it to herself and texted it to Kusmirek.The report said the teen said she was going to the boys restroom to meet a boy when she suddenly screamed "No! One of the boys pulled her into the restroom and into a stall as she tried to escape, the report said.She was unable to flee because one of the boys blocked the door, and the report said that boy told her "You can't leave until you give us all" oral sex.
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Shane also stated she deleted the video from the student's phone before she gave it back to the student on April 25.