BRENTWOOD — A middle-school gym teacher has been indicted on 10 new charges stemming from 10 computer files containing child pornography allegedly found on his home computer.
Scott Buatti, 43, of Newton was indicted on 10 counts of attempted possession of child pornography last week, according to court documents released this week.
Prosecutors allege Buatti possessed eight video files and two photo files of child pornography on his personal computer in January and February 2008. He was a Timberlane Regional Middle School gym teacher at the time the files were allegedly found.
Buatti was previously indicted on 10 counts of possession of child pornography pertaining to the same files. The new charges could serve as an insurance plan for the prosecution if the original charges don't stick.
Buatti's lawyer, Mark Sisti, attempted to have the original charges thrown out last week, arguing that the indictments do not allege the photographs and movies were of children.
Sisti wrote that the indictments did not describe the lewd acts the children are engaged in, and that authorities did not allow the defense to cross-examine the children in the photos.
Superior Court Judge Tina Nadeau ruled there was enough evidence for a jury to decide.
The new charges do not require prosecutors to prove that the photos are of children, only that Buatti was attempting to possess pornographic images of children. Possession of child pornography and attempted possession of child pornography are both class B felonies.
The new indictments say the eight video files and two photo files included lewd photos of child female genitalia and children performing oral sex.
Buatti was first approached by federal agents on Feb. 25, 2008, as part of a two-year probe by U.S. Immigrations and Customs Enforcement. Buatti was allegedly among 5,000 domestic subscribers to child pornography sites that ICE agents tracked down throughout the country.
He was first pinpointed as a subscriber through his e-mail account and computer IP address, which is registered under his name and home address of 4 Wilders Road in Newton, according to a report from ICE.
Buatti had been a gym teacher at Timberlane Regional Middle School for 19 years, and also coached a girls AAU basketball team. He was put on administrative leave shortly after he was first indicted.
It is not clear whether Buatti is still on the district's payroll. Superintendent Richard LaSalle couldn't be reached yesterday afternoon. A call to middle-school Principal Michael Hogan was referred to LaSalle. Buatti is no longer listed as a teacher on the school Web site's roster of teachers.
His trial is scheduled to begin in February.
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