BRENTWOOD — A former Timberlane Middle School gym teacher, convicted of possessing child pornography, is out of jail early, thanks to a decision by a Rockingham County Superior Court judge.
Scott Buatti, 48, of Newton was convicted of 10 counts of child pornography related charges in 2011. Buatti was a middle school physical education teacher and athletic coach at Timberlane for 19 years.
He was put on administrative leave from his job at Timberlane in April 2009, then later resigned.
He starting serving his two- to four-year state prison sentence in December 2012.
Buatti's attorney, Mark Sisti, filed a motion in Rockingham County Superior Court, asking that Buatti be released 60 days early for completing a vocational education program.
The motion was filed earlier this month.
Buatti was released Tuesday morning, Sisti said. If his motion had been denied, he would have been released Dec. 10.
The former teacher is on parole for two years, Sisti said, and has to complete a sexual offender program in addition to abiding by general parole conditions.
Other conditions include seeking and maintaining lawful employment, obtaining a parole officer's permission before changing residence, employment, or traveling out of state, and not possessing a weapon, according to the N.H. Department of Corrections.
Sisti said he was happy his client was released early.
"I'm glad it's over," Sisti said Tuesday.
The administrator of programs for the N.H. Department of Corrections, Tammy Dean, recommended Buatti receive 60 days credit for completing the vocational program, according to a court document.
"He filed his earned time application on Oct. 7, and under the new policy, was eligible for release on Oct. 10," Sisti wrote earlier this month." As a result, Mr. Buatti has lost nearly a month of credit to which he was entitled."
Buatti's path to an early release did not come without a fight.
Assistant Rockingham County attorney Sarah Warecki objected to Sisti's motion.
Warecki filed a motion on Nov. 14, claiming Sisti's motion was granted without a hearing.
The motion crediting Buatti for 60 days time served was granted Nov.12, according to court documents.
State law, Warecki said, should have allowed the Rockingham County Attorney's office to respond to the motion by Nov. 16
In addition, she said, vocational training was not enough to reduce Buatti's sentence because of his "deplorable" acts.
"It is the position of the Rockingham County Attorney's Office that the goals of sentencing, punishment, deterrence, and rehabilitation, are not properly met through 'vocational training' for the offense of possession of child pornography," Warecki said.
She wanted the motion for earned time to be denied, to be granted a hearing on the issue and other relief deemed necessary.
But, in a motion filed Nov. 17, Sisti said the provision of earned credit applies to people in the same or similar situations as Buatti.
Judge David A. Anderson denied Warecki's motion to reconsider the 60 days time earned after a hearing in Rockingham County Superior Court Monday, according to court documents.
Sisti would not say where Buatti plans to live now or exactly what he plans to do, but the former teacher will move on from his conviction and prison time.
"He plans to live a normal life," Sisti said Tuesday. "He plans to be productive and work, that's what he plans to do."