Guard in LI suit says he didn't fondle student

A security guard with North Babylon High School testified Tuesday that he didn't strip search or fondle a student who sued the school district claiming his civil rights were violated in a 2005 search.

Security guard Jack Cottone defended himself from the witness stand during a federal court trial in Brooklyn. He testified that he performed only a pat-down search of Patrick Sullivan, then a 14-year-old student who school officials had suspected was trying to sell a cell phone to other students.

When school attorney Lewis Silverman, of Manhattan, asked whether Cottone pulled down Sullivan's pants, undid his belt or touched his private parts, Cottone answered "No, sir."

At one point, Cottone demonstrated the pat-down on Silverman, touching the attorney under the arms, on the hips, knees and ankles.

When asked how Sullivan's allegations made him feel, Cottone said "insulted," before U.S. District Judge Carol Amon sustained an objection from Sullivan's attorney, Michael O'Neill of Manhattan.

During testimony Tuesday, Sullivan said the search made him the target of ridicule by his North Babylon High School classmates.

In February 2005, he was accused of attempting to sell a cell phone between classes. School officials became suspicious of the attempted sale in part because there had been a rash of cell phone thefts in the school, according to testimony.

During a search by Cottone and another guard, Michael Vergano, Sullivan said his civil rights were violated because he was searched three times and was touched inappropriately. His lawsuit seeks $250,000 in damages.

Vergano testified that in the high school offices, he searched Sullivan's book bag and found a knife, described in court as a 9-inch buck knife.

The third defendant in the suit, Barbara Brown, a school dean of discipline, ordered that Sullivan, now 19, be searched, according to testimony. Brown testified that she questioned Sullivan about the phone he tried to peddle, and found false his claim that another student who owned the phone had given him permission to sell it. That fabrication, with the attempts to sell a phone amid a rash of phone thefts, added up to reasonable suspicion that Sullivan might be carrying additional phones, she said.

Closing arguments were scheduled for Wednesday.