The lawyer for the Massachusetts high school student punished for trying to rescue a pal who got drunk at a party claims the school district's lawyer lied to a judge when he claimed Erin Cox was arrested in the incident.
Cox, a 17-year-old honors student who was suspended from the North Andover High School volleyball team for five games and demoted as captain, responded to a texted plea from her friend Sept. 28. But minutes after she showed up at the party, Boxford police arrived and shut it down. Some students were arrested, but most — including Cox — were given summonses for underage possession of alcohol. Police later backed Cox's version of events.
But Cox family attorney Wendy Murphy said the school district made a bad situation worse when its attorney, Geoffrey Bok, said in court that Cox was arrested at the party.
“That a school would then lie to a judge in a court of law is an outrage and shows the length some school officials will go to to retaliate against a family that dares to challenge an irrational zero tolerance policy,” Murphy said in a statement.
“That a school would then lie to a judge in a court of law is an outrage and shows the length some school officials will go to to retaliate against a family that dares to challenge an irrational zero tolerance policy."
- Wendy Murphy, Cox family attorney
“In fact, as the police officer at the scene reported in a statement that was provided to the principal and the judge, Erin was not arrested and did nothing wrong,” Murphy added. “He added that she had not been drinking, had no intention of drinking, was there to help a friend and did not have even the ‘slightest’ odor of alcohol on her person.”
Bok's claim, according to Murphy, came last week as she sued the district on behalf of the Cox family. Although that state court ruled it had no jurisdiction, Murphy vowed to pursue cases against both North Andover High School Principal Carla Scuzzarella and Bok in federal court.
Bok declined to comment on the case in general or on Murphy's claim. Scuzzarella, school Superintendent Kevin Hutchinson and Athletic Director Jon Longley all did not respond to several messages seeking comment.
Since the story made national headlines, Cox has been lauded in many quarters for coming to the aid of a friend, and for trying to keep a drunk driver off the road.
“With near daily stories of high school students dying in alcohol-fueled car accidents, we should be glad that young people like Erin Cox are willing to help friends who might not otherwise get home safely,” Murphy wrote in a statement. “By punishing Erin Cox, the North Andover School District sends a contrary and very dangerous message — that young people are better off letting their friends drive drunk.”
But not everyone is taking Cox's side in the dispute. Mothers Against Drunk Driving President Jan Withers told FoxNews.com the school was right to come down on the teen.
“Underage drinking is so very dangerous, that’s why MADD appreciates this school’s effort,” Withers said. “I’m not there and I don’t know all of the details, but indeed, their efforts to prevent underage drinking through zero tolerance are admirable."
Withers, who said underage drinking kills roughly 4,700 annually, added: “It’s done in the spirit of the health and safety of the children.”
Cox’s mother, Eleanor, sued the school district, but a judge ruled last week that the court did not have jurisdiction. Federal court is expected to be the family's next move.
“We want this nightmare to go away,” Eleanor Cox told FoxNews.com. “We have nothing else to say.”
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