ELLENVILLE � It almost sounds like something out of a novel: two people meeting for a tryst late at night in a graveyard, defying the disapproval of family and the community.
In reality, Tom Nolan, 39, violated the order of protection filed against him when he met with his teenaged victim on Monday night at the Fantinekill Cemetery in the Town of Wawarsing. He was arrested on Wednesday by the Ellenville Police Department and charged with criminal contempt in the second degree, a misdemeanor, and was remanded to the Ulster County Jail in lieu of $50,000 cash bail. The violation, however, was enough to result in an application for the revocation of the $25,000 bail he posted in Sullivan County after his initial arrest and felony third degree rape charge on October 22. As of Wednesday evening, the process to complete the bail revocation application was still pending, but when and if it is completed, Nolan will be remanded to the Sullivan County Jail to await his trial.
"It's a cause for grave concern when you have a person that occupied his position as he did, and continues to flagrantly violate a mandate of the court," said Ellenville Police Chief Phil Mattracion. "We take that very seriously."
According to Chief Mattracion, the Ellenville Police responded to a call at the victim's home � her parents had reported that the girl had gone missing from her room. A search of the area ensued, and Nolan's abandoned vehicle was found near the closed Twist King Ice Cream Shop on Route 209, though Nolan was nowhere to be found. Later that night, the victim returned home of her own volition.
On Wednesday, Nolan went to the State Police Substation at Deerpark, where he was interviewed by police. After he gave a statement, he was brought back to the Ellenville Police Station where he was subsequently arrested and charged with criminal contempt for violating the order of protection filed against him. He was arraigned before the Honorable Judge Matt Parker. Afterwards, upon being driven to the State Police Barracks at Ellenville in Kerhonkson, more charges of criminal contempt were filed against him for multiple violations of the order of protection outside of the Village of Ellenville and within the Town of Wawarsing's limits.
According to Chief Mattracion, the violations included instant messaging between the two (with the victim communicating with him from a computer within the Ellenville Central School District's campus), text messages, phone calls, and meeting in person, such as the aforementioned meet at the Fantinekill Cemetery. Mattracion also said that the police recovered physical evidence connected to the violations, though he could not elaborate on the nature of the evidence.
Chief Mattracion said that the Ellenville Central School District's administration has been extremely cooperative throughout the investigation, which is still ongoing.
Mattracion also said that the investigation was aided by the State Police out of the Ellenville and Liberty barracks.
During Nolan's last appearance in Town of Fallsburg court on Monday, November 2, the case was adjourned until December 7. Nolan will be appearing in the Ellenville Justice Court on Tuesday, November 24.
Nolan is a social studies teacher in Ellenville High School, and after he was arrested, he was put on administrative leave by the school district. He was formerly the coach of girls' basketball and girls' golf at Ellenville High School, but stepped down from his coaching responsibilities before the fall 2009 season.