Great Barrington — After an over-one-hour-long executive session at their special meeting on Wednesday, January 31, the Selectboard approved an independent investigation into the Police Department’s investigation at W.E.B. Du Bois Regional Middle School over a copy of the book “Gender Queer.”
This is now the third town-related investigation into the Police Department’s warrantless investigation of both the school, which captured national headlines, and eighth grade ELA teacher Arantzazu Zuzene Galdos-Shapiro, who has subsequently taken a leave of absence. At its meeting on January 11, the Berkshire Hills Regional School District Committee approved an independent investigation into the incident. At a subsequent meeting on January 26, Selectboard Chair and Berkshire Hills Regional School District Committee Chair Stephen Bannon said that the Police Department is conducting its own internal investigation, which he said would not be made public. At the January 31 Selectboard meeting, Bannon said that the latest investigation would be made public but hinted that some portions may be redacted.
Police Chief Storti’s report on the incident
During the January 26 School Committee meeting, Cheshire resident Lisa Baumgart read into the public record a report on the investigation from the Police Department. (The Berkshire Edge has obtained the report, which was written by Police Chief Paul Storti and was last updated on December 26.)
Chief Storti previously apologized for the department’s role in the investigation.
The report contains several allegations against Galdos-Shapiro and also sheds light on what happened before and after the department’s warrantless investigation at the school.
In the report, Chief Storti wrote that, on December 8:
The reporting party explained that the teacher whom he identified as an 8th-grade teacher named Zazu, along with a few others are meeting with students during school, but outside of classroom time. They observed a book on a table within the teacher’s classroom that depicted illustrations of sexual content. This book with the illustration was observed on a desk within the teacher’s classroom. The person also reported overhearing the same teacher telling students to ‘not tell their parents’ and that they observed a student sitting on the lap of the same teacher.
In his report, Chief Storti did not make any further references to any of the other allegations made against Galdos-Shapiro by the anonymous complainant. Storti wrote that the complainant requested not to be identified “as they feared for any retaliation if it was discovered that they provided this information.” He wrote that the individual presented photographs from the “Gender Queer” graphic novel, and the complainant said that a copy was in Galdos-Shapiro’s classroom.
The photographs included captions, and, according to the report, “the [image] discusses a strap-on penis adult toy and then shows one individual with their pants undone wearing what appears to be a strap-on adult toy and the other individual kneeling down in front and performing oral sex by placing the adult toy into their mouth.” (The Berkshire Edge has reviewed a copy of “Gender Queer” and can confirm that these images are in the book.)
Chief Storti wrote that, once he reviewed the complaint, he contacted School Superintendent Peter Dillon, who subsequently contacted school Principal Miles Wheat. Dillon said that Wheat did not know anything about the book, and Storti advised Dillon that “because I had a complaint, I was obligated to do a follow-up on it. Superintendent Dillon said he did not have an issue with us coming to the school to see if the book was present in the classroom and follow up on the complaint.”
Weeks after the warrantless investigation, Dillon apologized for his role in it. Storti wrote that Dillon arranged for Principal Wheat to meet with a plainclothes officer at the school after classroom hours to determine if the complaint was credible. “I advised [Officer Joseph O’Brien] to change out of his uniform and use an unmarked police vehicle to go to the school,” Storti wrote.
Eight minutes of the investigation, including Officer O’Brien’s questioning of Wheat and Galdos-Shapiro, were captured on a partially obscured bodycam (bodycam footage provided by the Great Barrington Police Department):
Storti wrote that, after O’Brien’s search of the school for a copy of the book, the department contacted the Berkshire County District Attorney’s Office for guidance. “We were advised that we should try to locate the book to evaluate the illustrations to see if any potential criminal violations were warranted,” Storti wrote. “We had already completed our inquiry to the complaint and had left the school, prior to receiving the communication from the District Attorney’s Office. Superintendent Dillon and I decided to be in contact Monday [December 11].”
When they next spoke on December 11, Dillon told Storti that he did not have a copy of the book and that Galdos-Shapiro was not in school on that day.
“I advised him of the information I was receiving from the District Attorney’s Office regarding any documents that would ascertain if any child had ever viewed the material in question,” Storti wrote.
According to Storti, on December 12, when he spoke with Dillon:
His legal council advised him not to share any information regarding a child without obtaining a search warrant. He stated that he may not be able to locate the book, but would secure any pertinent information in his off-campus office. Superintendent Dillon and I discussed the policies and procedures they have to report a situation like this within the school and that the policy didn’t cover this situation when an incident is reported to the police and not the school.
On December 13, Storti wrote that he and Officer O’Brien spoke with Berkshire County Assistant District Attorney Andrew Giarolo. “We were told we might have to plan for having to write a search warrant to obtain any information regarding this matter,” Storti wrote. “[Giarolo] was going to confirm this and let us know. Superintendent Dillon and I continued the conversation [and Dillon stated that] at this point he didn’t think he would be able to locate the book. We discussed what the next steps would be if a search warrant was needed in the future. Superintendent Dillon and I both agreed that if it came to this, we should do it at his administrative office in Stockbridge. He stated he would secure any items that the District Attorney may want if a criminal investigation was warranted.”
Storti wrote that he encouraged Dillon to call the Berkshire County District Attorney’s Office “to explain the policies and procedures that the school has in place.”
At the School District Committee’s meeting on January 11, Committee Chair Bannon revealed that the memorandum of understanding between the school district and the Police Department was put into effect on July 1, 2019, and expired on June 30, 2021.
On December 14, Storti wrote that both he and Dillon “…discussed that the media may contact us and he asked if I had spoken with anyone about this matter. I advised him that we had not. Within minutes of completing the call, I received a call from a media outlet asking about the matter. I learned from this conversation that the involved teacher had posted something on their Instagram account about this matter.”
While several media outlets have chosen not to identify Galdos-Shapiro by name, The Berkshire Edge has chosen to do so as a matter of public record, and due to several sources informing The Edge that Galdos-Shapiro has posted on her public Instagram account about the investigation.
Storti concludes his report that on December 14:
At 11:35 we received information from District Attorney’s Office to close the inquiry as they determined that there was not a crime committed and that the school district will manage the situation. I received an email confirmation from the District Attorney’s Office advising this was a school matter and that they should handle it internally.
The Berkshire Edge contacted Galdos-Shapiro’s attorney Howard Cooper of Todd & Weld of Boston via email concerning the allegations made in Storti’s report. As of press time, Cooper has not responded to media queries.
Read a copy of Police Chief Paul Storti’s report here.
The Berkshire Edge’s previous coverage of the “Gender Queer” book incident at W.E.B. Du Bois Regional Middle School:
December 17: Great Barrington Police Department investigates middle school over ‘Gender Queer: A Memoir’
December 22: Chief Storti apologizes for department’s role in ‘Gender Queer’ book investigation at middle school
December 28: Great Barrington Police release body cam footage and report related to ‘Gender Queer’ book search at school
January 23: Selectboard delays voting on independent investigation of ‘Gender Queer’ incident
