Peabody Responds To Sex Abuse Accusations By Former Student

PEABODY, MA — A former student suing the city, the school system and several former educators did not alert school officials of alleged sexual abuse while he was a student at Peabody Veterans Memorial High School, according to a response to the complaint filed in U.S. District Court Thursday by the city of Peabody.

The former student, who is identified as John Doe in court documents, claims he was given drugs and alcohol and sexually abused by Lynette Occhipinti, a former educational assistant at the school, starting when he was a freshman at the school in 1999. City and school officials declined comment when the lawsuit was filed in November, making Thursday's filing the city's first public response to the allegations.

"By way of affirmative defense, the defendant states that the plaintiff’s claim for negligent selection, retention and supervision must fail since the defendant had no indication that Lynette Occhipinti allegedly posed a danger and had no reason to know that she allegedly posed a danger," the city said in its filing. The city also argues Doe failed to make his complaint during the statute of limitations and that some of his accusations fall outside of the city's liability since the sexual relationship continued after he reached the age of consent and graduated from the high school.

Last week a federal judge granted an extension to one of the two former Peabody Veterans Memorial High School educators named in a lawsuit to respond to the complaint filed by a former student. David Montgomery, who lives in California, now has until Feb. 14 to respond to the student's complaint. Doe's complaint also claims Occhipinti was having an affair with Montgomery, who was head of the school's special education department.

Occhipinti and Montgomery have not responded to requests for comment.

"(I)f the plaintiff suffered injuries or damages, as alleged, such injuries or damages were caused by someone or something for whose conduct the defendant was not and is not legally responsible," the city said in its response. The "injuries allegedly sustained by the plaintiff resulted from dangers the risk of which the plaintiff assumed, and, therefore, the plaintiff cannot recover."

In addition to Occhipinti, Montgomery and the city of Peabody, the complaint names as defendants 10 school staff members whose names the man does not remember.

A scheduling conference in the case will be held on March 23.