For Immediate Release - February 25, 2011

Re: Commonwealth v. Anthony J. Troiano, February 25, 2011

Appeals Court Affirms Conviction of Anthony J. Troiano for Motor Vehicle Homicide by Negligent Operation

Cape & Islands District Attorney Michael O'Keefe announced today that the Appeals Court has affirmed the conviction of Anthony J. Troiano, 55, of Sandwich, for motor vehicle homicide by negligent operation. The case involved the defendant's challenge to the sufficiency of the evidence establishing that Troiano operated his motor vehicle negligently on May 15, 2007 when his vehicle crossed into the wrong lane of traffic and crashed into a vehicle traveling in the opposite direction. As a result of that collision, the operator of the other vehicle, Lilija Berents, was killed. The Appeals Court rejected the defendant's arguments and found that the Commonwealth had presented sufficient evidence at trial to prove the defendant's negligence.

The case was tried before the Honorable Michael C. Creedon in the Falmouth District Court over three days in September 2008. Troiano was sentenced to two years probation, and his driver's license was suspended for 15 years as a result of his conviction.

The case was tried by Assistant District Attorney Eileen Connors Moriarty and the appeal was handled by Assistant District Attorney Julia K. Holler, Chief of Appeals.

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