May 16, 2008

Crosswalk death driver acquitted

Gardner pedestrian fatality

FITCHBURG— A jury yesterday found a Baldwinville man not guilty of motor vehicle homicide by negligent operation after a two-day trial that featured conflicting expert opinions on whether a fatal pedestrian crash in Gardner last summer could have been avoided.

William H. Wertelet, 22, who sat quietly through two days of testimony, turned to family and friends in the courtroom after the jury absolved him of criminal responsibility in Helen L. Cormier’s death July 27. Mr. Wertelet was turning left onto Main Street from City Hall Avenue in Gardner when he struck Mrs. Cormier, a 72-year-old Binnall House resident, about 7:30 a.m.

“See you soon,” he told his fiancée, who cried out with joy after the verdict was read. Nearly a dozen of Mr. Wertelet’s friends and family members attended the trial, and some gasped after the jury foreman said “not guilty.” .........

At the time of the crash, Trooper Pinto testified, there were no signs requiring drivers to either yield or stop when merging onto the one-way section of Main Street from City Hall Avenue. The crosswalk on Main Street is 43 feet from the intersection, the trooper said. He calculated that it took Mrs. Cormier roughly nine seconds to get to the middle of the street, where he concluded she was hit.

According to testimony during the trial, no one saw exactly where Mrs. Cormier was walking when she was hit.

Continued

April 17, 2008

Man cleared of fifth DUI charge

Witnesses get wrong court date

By Aaron Nicodemus TELEGRAM & GAZETTE STAFF

WESTBORO— A Westboro man charged with his fifth offense for drinking and driving has been cleared of all charges, in large part because witnesses in the case were summoned on the wrong date.

Bryce R. Williams II, 45, of 8 Lee Ann Circle, was found not guilty by Westboro District Court Judge Paul S. Waickowski Monday of the drunken driving charge and additional charges of leaving the scene of a property damage accident and driving with a suspended license. Judge Waickowski found Mr. Williams not responsible for failing to stop or yield for police.

“There were some problems, obviously,” said Timothy Connolly, spokesman for Worcester District Attorney Joseph D. Early Jr., regarding the prosecution’s handling of the case.

“First and foremost, there was an error in summoning the witnesses for April 29, rather than April 14,” he said. The case was supposed to go to a jury, but instead went to a bench trial before Judge Waickowski.

Without any witnesses, the case was decided solely on the police reports, Mr. Connolly said.

Continued

April 14, 2008

Sex offender’s death leaves local questions

The death of a former Massachusetts sex offender, who Montana police believe killed and cannibalized a boy in Montana in 1996, has left one of his local victims wondering what secrets Nathaniel Bar-Jonah may have taken to his grave.

Mr. Bar-Jonah, 51, a former resident of Dudley and Webster, was found dead in his Montana State Prison cell early yesterday. The cause of his death has not been determined, though a prison spokesman said he had been in ill health. The convicted sex offender was serving a 130-year sentence for kidnapping, sexually assaulting and choking a teenage neighbor boy.

In 2000, Montana authorities also charged Bar-Jonah with murder in the 1996 disappearance of 10-year-old Zach Ramsay. They said they had evidence suggesting Mr. Bar-Jonah had butchered the boy and disposed of his body in meals served to neighbors; they were later forced to dismiss the murder charge after the boy’s mother said she would testify she believed her son was still alive.

Alan Enrikaitis of Shrewsbury said he remembers well the day in 1977 when he and a friend accepted a ride from Mr. Bar-Jonah, who at that time used his given name, David Brown.

“I remember he said he had a trailer in the woods and he was going to take me and my friend there separately,” Mr. Enrikaitis said. The boys were handcuffed and Mr. Enrikaitis’ friend was locked in the trunk of a car that looked like an unmarked police cruiser. They’d been told their abductor was a police officer and that they were under arrest.

Continued

March 19, 2008

Rutland man acquitted of lewd charge

‘The Wolfman’ denied charge

WORCESTER— A Rutland man known by some as “The Wolfman” — who represented himself at trial — was found not guilty by a Worcester Superior Court jury yesterday on a charge of open and gross lewdness.

Don T. Bornholz, 55, formerly of 22 Prescott St., Rutland, was alleged to have exposed himself to a motorist passing by his property on the night of April 12, 2006, and to have grabbed his genitals when the driver slowed and told him to put his pants on because there were children living in the neighborhood..........

Mr. Bornholz, who represented himself in court with the assistance of standby counsel Walter A. Rojcewicz Jr., denied the allegations.

Mr. Bornholz testified yesterday that he was fully clothed and picking up articles strewn about his property on the night of April 12, 2006..............

“I deny flatly ever taking off my pants, ever taking off my underwear. I did not do any of those things,” he told the jury. He said he had no recollection of being confronted by Mr. Perkins before his arrest.

The jury of eight men and four women deliberated for about a half-hour before acquitting Mr. Bornholz, who had been held in custody in lieu of $1,000 cash bail.

continued

February 6, 2008

Man sues for Bish reward

Former police officer found bathing suit

By Kim Ring TELEGRAM & GAZETTE STAFF

The former police officer who led investigators to a bathing suit believed to belong to Molly Anne Bish is suing former District Attorney John J. Conte and his successor over money offered as a reward in the case.

A lawyer for Timothy S. McGuigan of Rhode Island said he filed the suit against Mr. Conte and District Attorney Joseph D. Early Jr. in U.S. District Court in Boston on Friday.

Stephen B. Hrones said Mr. McGuigan is entitled to the $100,000 reward, a combination of funds pledged by state Sen. Stephen M. Brewer, D-Barre; then-state Rep. David H. Tuttle of Barre; Republican Reed V. Hillman of Sturbridge, who was also a state representative when Miss Bish disappeared; Springfield’s S. Prestley Blake, co-founder of the Friendly Ice Cream Corp.; and an anonymous source.

Mr. Hrones said a poster distributed after Miss Bish disappeared from her lifeguard post in June 2000 offered the reward for “information leading to Molly.” Mr. McGuigan’s discovery, he said, sparked the search that eventually turned up the Warren lifeguard’s remains on a Palmer hillside in 2003.

“I feel we’ve got a solid case,” Mr. Hrones said, adding that the poster represents a contract that his client fulfilled

February 2, 2008

continued

January 28, 2008

When bargain turns rip-off, it’s a steal …

Clive McFarlane, T&G STAFF

The Massachusetts State Police is apparently refusing to give back the $15,500 in cash a state trooper snatched as “found and unclaimed property” from the car of Emmanuel Rodriguez and Darinel Castro on Dec. 28.

Matthew A. Pingeton, the lawyer representing the two men, had given the state police seven days to return the money to his clients, stating among other things that “state law simply does not recognize any inherent executive branch discretion to seize private property such as United States currency that is not contraband.”

The state’s response was essentially “go ahead and sue us,” and Mr. Pingeton is preparing to do just that.

I don’t see why he wouldn’t prevail. Taking money that is not linked to any illegal activities from the possession of an individual driving on a Massachusetts roadway qualifies as highway robbery in my book.

January 23, 2008

Federal restraining order violation sought in scam interview regarding clergy sexual abuse case.

On September 21, 2007 newly elected District Attorney Joseph Early Jr. claimed he had "something in mind" in regards to what many believe has been a fake presentation of a incompetence claim in Worcester District Court criminal case Commonwealth v John Szantyr.

Fr John Szantyr has been charged since 2003 with four counts of indecent assault and battery on a child under fourteen. Fr John Szantyr is facing two different alleged victims whose criminal cases have been conjoined.

District Attorney Joseph Early was informed on August 20, 2007 by individuals who stood in front of him that the alleged sexual abuse spanned a thirty year time frame. 

On October 2, 2007 under the belief that the state police were actually going to conduct an investigation of the evidence that had been supplied to the DA's office regarding Fr John Szantyr, "which demonstrated he was indeed competent", the State police instead initiated a last ditch effort to entrap Mary Jean in regards to her Federal case Jean v Massachusetts State police.

Continued see video on link

January 13, 2008

Actions by Worcester DA Early reflective of former DA John Conte.

After a year of hopefulness that newly elected Worcester District Attorney, Joseph D. Early Jr., would actually be a change from the entrenched former District Attorney, John Conte, has not materialized.

When interviewed for a Telegram article, DA Early claimed he informed Assistant District Attorney Joseph J. Reilly III to pick up the pace in the John Szantyr criminal trial, now over four years old.  DA Early informed the media and those who have worked tirelessly, to support the two alleged victims in this case, that it would go to trial in August 2007. Currently, February 28^th is now the next recorded court date for a motion hearing with still no trial date scheduled.   

In fact, what many have viewed as alleged gross negligence by ADA Joseph Reilly, who failed to see that a package which contained a report sent by Dr Malcolm Rogers required for the August 20^th date, was actually in the courthouse for that hearing.  When the media questioned the DA’s Office, they of course blamed the doctor, however, it was later stated in court that the report was located in the courthouse the next day.

Those individuals who came forward after the failure to "locate" the doctors report incident which caused additional delay provided statements regarding Szantyr's competency to Early’s C-Pac Troopers. They agreed to do so all based on DA Early’s word of September 21, 2007 that he “had something in mind” to assist in the prosecution of John Szantyr.

Last week it was discovered, based on a ruling issued by Worcester District Court Judge David Ricciardone on January 8^th that their statements were misrepresented to the court and contained factually inaccurate portions all slanted towards the continued protection of the defendant.  

Public Record Request (s) were sent to DA Early‘s office to avoid just this type of issue. The request was however, denied by ADA Joseph Reilly, which is highly unusual as ADA Reilly functions as a prosecutor not the Keeper of the Records. ADA Reilly also never contacted each perspective witness to go over their statements taken by Auburn C-Pac State Trooper, David Cravedi, to make sure of their accuracy before they were presented to the court.

DA Early was informed the statement (s) had been altered and written statement (s) had been made by those misrepresented in the court ruling.  However, instead of dealing with the issue professionally, DA Early instead chose to attack the fact that this information was being brought to his attention.  DA Early became so verbally aggressive that communication with him had to be disconnected as he had lost all composure.   

December 14, 2007

Prosecutor withdraws in Scola murder case

With no resolution, probe could start all over again

WORCESTER— Two years after special prosecutor Joseph P. Gaughan was appointed to review the politically sensitive investigation into the 2002 murder of Candace Allen Scola, he has withdrawn from the case for health reasons without recommending whether it should be brought before a grand jury.

Worcester District Attorney Joseph D. Early Jr. said yesterday the probe will be turned over to Plymouth District Attorney Timothy J. Cruz’s office for a third review of the evidence — a step that could add months or years to the family’s already long wait for justice. ...

Last November, Mr. Gaughan told a Telegram & Gazette columnist that he was wrapping up his investigation and that he hoped to have final forensic test results in about six to eight weeks.

More than a year later — and 5-1/2 years after Ms. Scola was stabbed to death in the kitchen of her Knox Street home — there’s still no decision in sight on whether the case should be brought before a grand jury.

November 23, 2007

Former fire chief takes aim at police

Witaszek claims officers are lax

WARREN— In a 10-minute-plus tirade, former Fire Chief William L. Witaszek has taken aim at the town’s Police Department, criticizing it nonstop.

He accused the department of laxity in handling the much-publicized disappearance of 16-year-old lifeguard Molly Bish of Warren in June of 2000, of officers too frequently stopping at Dunkin’ Donuts in West Brookfield, and officers often being seen parked in cruisers exchanging small talk.

“Stay away from Dunkin’ Donuts,” he told police. “Stop following each other around and pay attention and direct traffic.”

October 25, 2007

Judge releases fifteen inmates who are awaiting trial
Federal cap squeezing the system

WORCESTER— A judge released another 15 pretrial detainees from the Worcester County Jail and House of Correction in West Boylston yesterday to enable jail officials to comply with a federal cap on the number of inmates.

The 15 inmates, who were being held on bail while awaiting trial, were ordered released on personal recognizance by Judge John S. McCann during a Worcester Superior Court hearing attended by representatives of the offices of Sheriff Guy W. Glodis and District Attorney Joseph D. Early Jr. and the court’s Probation Department.

Brian Knuuttila, general counsel for the jail, told Judge McCann the jail’s population was at 1,463 yesterday, 12 over the cap of 1,451 inmates ordered in July by U.S. District Court Judge Rya W. Zobel under a consent decree first imposed in 1989. The cap will be reduced to 1,351 inmates as of Nov. 1 and to 1,251 Dec. 1.

Superior Court judges have been releasing inmates not considered a risk to public safety to ensure the jail’s compliance with Judge Zobel’s order.

October 22, 2007

Man renews request for Bish reward

Bathing suit find is at issue; DA denies claim

A former police officer who led investigators to a bathing suit not far from where the remains of Molly Anne Bish were found in 2003 has renewed his efforts to collect a $100,000 reward offered in the case.

Timothy S. McGuigan said he was hopeful that Worcester District Attorney Joseph D. Early Jr. might feel differently about the reward than his predecessor, John J. Conte.

But those hopes were dashed when Mr. Early said in a letter he would not turn over the money.

“Our understanding is that the reward was for information that led to the arrest and conviction of Molly Bish’s abductor and killer,” Timothy J. Connolly, a spokesman for Mr. Early, said this week.

In a letter last month to Mr. Early, Mr. McGuigan’s lawyer, Boston-based Stephen Hrones, asked the district attorney to reconsider his decision.

But Mr. Early, like Mr. Conte, contends that “no rational person would believe” that the reward was offered for “mere information.” During his tenure, Mr. Conte challenged Mr. McGuigan to share with the state police any information he might have. He said then that if the information led to the arrest and conviction of the person who killed Miss Bish, the reward would be handed over.

October 13, 2007 

Public deserves better explanation from DA in reckless driving cases 

Editorial / Opinion Sentinel and Enterprise 

Two recent decisions by District Attorney Joseph D. Early's office has us shaking our heads. In one case, prosecutors from his office agreed to recommend a 60-day jail sentence for a Fitchburg woman charged with hitting two state police detectives with her car during a drug bust in August.......

Likewise, the District Attoney's office announced Tuesday that no charges will be filed in the fatal I-190 accident in which a Fitchburg woman died in a car driven by her son, Connolly said.

Wanda Molina, 39, of Fitchburg, died when the Toyota Tercel driven by her son, David Molina, 19, collided with the Buick Lucern driven by Nancy Mourdian, 46, of Worcester, according to police.

Connolly did not specify why no charges will be filed in the case, but said the investigation is complete.

"We research and investigate each one of these cases," he said. "After a thorough investigation of this case, we decided not to bring charges."

We don't think that statement quite cuts it.

We understand the depth of the tragedy when a mother dies while her teenage son is driving, but Connolly owed residents a better explanation about why the 19-year-old wasn't charged, when he clearly seemed to be driving recklessly at best.

Again in this case, the D.A.'s decision, and lack of an explanation sends a terrible message to all the other teenage drivers out there.

DA won’t bring charges

Former members of school board

HARVARD— No charges will be brought against two School Committee members accused of mishandling special education funds.

Worcester District Attorney Joseph D. Early Jr. said yesterday a six-month investigation by state police and the financial crimes unit of his office found no criminal wrongdoing.

However, Mr. Early said, it is possible there may have been violations that fall under the jurisdiction of the state Ethics Commission.

Mr. Early’s office was contacted earlier this year by a Harvard resident who alleged that former school board member Paul M. Wormser got $30,000 from the town as tuition reimbursement to send his child to Cushing Academy in Ashburnham.