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PRESS RELEASES

February 4, 2010

First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian Glenny

        Cape & Islands District Attorney Michael O'Keefe announced today that Richard Macaruso (DOB: 10/2/1951) of 78 Upper County Road, Dennisport, was found guilty after a three-day trial in the Orleans District Court. During the trial the Commonwealth presented evidence relating to incidents of inappropriate sexual contact with a then twelve-year-old boy, which took place in 2006 at the defendant's place of business: F.I.T. Games in Dennisport, a card and game store where youth would gather.

        The defendant was convicted of three (3) counts of Indecent Assault and Battery on a Child under 14 and one (1) count of Enticing a Child under 16. Judge H. Gregory Williams sentenced the defendant to 2 ½ years committed in the Barnstable County Correctional Facility, followed by five (5) years supervised probation, along with additional conditions: Sex Offender counseling and registration, GPS monitoring, stay away orders from all areas where children may gather. The case was investigated by the Dennis Police Department and prosecuted by Assistant District Attorney Kristy Lavigne.


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December 18, 2009


Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian Glenny
First Assistant District Attorney Michael Trudeau

        District Attorney Michael O'Keefe announced today that the Barnstable County Grand Jury indicted Robert L. Upton, Jr., D.O.B. 9/5/64, of 11 Bush Hill Road, Ipswich for:
                Murder
                Armed Assault with intent to Rob or Murder
                Aggravated Assault & Battery by Means of a Dangerous Weapon
                Armed Assault in a Dwelling House
in the homicide of Aris Manoloules, D.O.B. 6/12/62, of 25 Ripple Cove Road, Hyannis and 1500 Worcester Road, Framingham. The deceased body of Aris Manoloules was discovered on September 29, 2009 during a well-being check by the Barnstable Police Department at 25 Ripple Cove Road, Hyannis. Christopher Manoloules, D.O.B. 12/13/91, 70 Flagg Road, Southborough, nephew of Aris Manoloules, was indicted for the same charges by the Barnstable County Grand Jury on December 11, 2009. Mr. Upton is the maternal uncle of Christopher Manoloules.

        The case remains under investigation by Barnstable Police and State Police Detectives assigned to the Cape & Islands District Attorney's Office.

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December 11, 2009


Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian Glenny
First Assistant District Attorney Michael Trudeau

        District Attorney Michael O'Keefe announced today that the Barnstable County Grand Jury indicted Christopher E. Manoloules, D.O.B. 12/13/91, of 70 Flagg Road, Southborough, MA for:
                Murder
                Armed Assault with intent to Rob or Murder
                Aggravated Assault & Battery by Means of a Dangerous Weapon
                Armed Assault in a Dwelling House
in the homicide of Aris Manoloules, D.O.B. 6/12/62, of 25 Ripple Cove Road, Hyannis and 1500 Worcester Road, Framingham. The deceased body of Aris Manoloules was discovered on September 29, 2009, during a well-being check by the Barnstable Police Department at 25 Ripple Cove Road, Hyannis. Christopher Manoloules is the nephew of Aris Manoloules. The case remains under investigation by Barnstable Police and State Police Detectives assigned to the Cape & Islands District Attorney's Office.

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December 9, 2009


Contact: Kathy Quatromoni, Director of Community Programs


Cape Area Teens Complete Basic Mediation Training

        District Attorney Michael O'Keefe announced today four area students have completed Basic Mediation Skills Training, due in part by a grant from his office.

        The students were chosen in collaboration with the Cape Cod Youth Empowerment Initiative, the Barnstable Youth Commission, Barnstable High Schools A.C.T. (All Come Together) Club, Sandwich's Community Youth Project, Cape & Islands Gay & Straight Youth Alliance's Cape Fierce youth group and the Mashpee Violence Prevention Team.

        The four students participated fully, partnering with adults during the exercises and role-plays and contributing valuable insights in group discussions. They will now be able to practice mediation skills with the peers and model more effective ways to manage conflict.



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December 3, 2009

Contact: District Attorney Michael O'Keefe
District Attorney Lisa F. Edmonds

        Cape and Islands District Attorney Michael O'Keefe announced today that a Barnstable Superior Court jury convicted Timothy E. Jones (dob: 12/5/60) of 205 Mitchell's Way, Hyannis of Aggravated Rape, Armed Kidnapping with Sexual Assault, Assault with a Dangerous Weapon, and Threat to Commit Murder. After a two- day trial in the Barnstable Superior Court, Judge Richard Connon sentenced the defendant to twenty-five to thirty years in state prison.

        On November 9, 2009, the defendant abducted the victim at knife point from the parking lot of her work in Dennis. He bound her with tape and forced her into a car. He drove to his home in Hyannis, where he repeatedly sexually assaulted her for over ten hours. Shortly after reporting the incident to the police a search warrant was executed at his home. Items seized from the home, including packing tape, tested positive for the victim's DNA.

        The case was prosecuted by Assistant District Attorney Lisa Edmonds, Chief of the Domestic Violence Prosecution Unit. The defendant was represented by Attorney Lawrence Zalis of Barnstable. The case was investigated by the Barnstable Police Department and the Dennis Police Department.



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November 13, 2009

Contact: District Attorney Michael O'Keefe

        Cape & Islands District Attorney Michael O'Keefe announced that yesterday a Superior Court Judge dismissed the civil lawsuit filed by the ACLU and Keith Amato against District Attorney Michael O'Keefe, Massachusetts State Police, and MSP Crime Laboratory.

        Judge Nancy Staffler Holtz ruled in a seventeen (17) page decision that even when considering all of Amato's allegation as true, as the Court must in the pre-trial dismissal stage, all of the plaintiff's claims fail. See attached face page of Decision.

         The plaintiff made three (3) claims against the parties. First, a violation of the Fair Information Practices Act, in which the defendant claimed that the lab maintained his DNA profile longer than necessary. The Court said that the law requires that the records be maintained for a minimum of fifteen (15) years or six (6) years after the case is closed and all appeals are exhausted. Secondly, the plaintiff claimed that his right to privacy under MGL Chapter 214, section 1B was interfered with. He claimed that the State was creating a "shadow" DNA database. The Court found that the District Attorney returned his sample to him, but that the profile must be kept with the case file. The Court further found that no one disseminated to the public or any individual, any private information concerning Amato to state any cause of action. Thirdly, Amato claimed that the DA breached his contract with Amato to return his sample. The claim failed because it was not disputed that his sample and the samples of others were returned or destroyed.

        The District Attorney stated: "I took care to ensure that those who voluntarily gave a sample to aid the investigation had an opportunity as promised to have his sample returned or destroyed. We did that. It's also important to note that no sample so obtained for which a DNA profile was developed will be stored in any database. They would only be kept with the case file provided for by the Commonwealth's record retention laws. This enures to the benefit of those who have been ruled out, creating evidence in the case file of their innocence."

        District Attorney O'Keefe, the Massachusetts State Police and the MSP Crime Laboratory were represented by Assistant Attorney General Jessica V. Barnett.


COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.                                                                                                         SUPERIOR COURT
                                                                                                                                 CIVIL ACTION
                                                                                                                                 NO. 08-2738-H


KEITH AMATO, on behalf of himself and all others similarly situated
vs.
MICHAEL D. O'KEEFE¹ & others²

MEMORANDUM OF DECISION AND ORDER ON
DEFENDANTS' MOTION TO DISMISS

INTRODUCTION
                This action arises out of the Department of State Police and the District Attorney's

        continued retention of the plaintiff, Keith Amato's ("Amato"), DNA sample and profile, which

        Amato voluntarily provided to the Department of State Police during the Christa Worthington

        murder investigation in 2002. Amato brings this action on behalf of himself and others similarly

        situated³. The defendants, Michael D. O'Keefe ("the District Attorney"); the Forensic and

        Technology Center of the Commonwealth of Massachusetts, Department of State Police ("the

        Crime Lab"); the Executive Office of Public Safety ("EOPS"); and John Grossman, move to

        dismiss Amato's complaint pursuant to Mass, R. Civ. P. 12(b)(6). For the following reasons, the

        defendants' motion to dismiss the complaint is ALLOWED.



1  In his official capacity as District Attorney for the Cape and Islands.

2  Forensic and Technology Center of the Commonwealth of Massachusetts, Department of State Police; Executive Office of Public Safety; and John Grossman, in his official capacity as Undersecretary of the Executive Office of Public Safety.

3  Although Amato brings this suit on behalf of himself and others similarly situated, throughout this memorandum the court will refer to only Amato for the sake of simplicity.




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October 23, 2009

Contact: District Attorney Michael O'Keefe
Assistant District Attorney Sharon Thibeault

        Cape & Islands District Attorney Michael O'Keefe announced that Stephen F. Clifford (D.O.B. 12/12/1951) of Plymouth pled guilty in Barnstable Superior Court to Rape and Violating a Restraining Order. He was sentenced to 9 years to 12 years at the Massachusetts Correctional Institution at Cedar Junction by The Honorable Richard F. Connon.

        On June 4, 2008 Clifford raped the 18 year old daughter of his long time girlfriend. In the early morning hours she awoke in her own bed to find him kneeling over her with a roll of duct tape in his hand. He used that tape to cover her mouth and tie her arms to the bedposts. When she reached for her cell phone charging on the bedside table, Clifford grabbed the phone and threw it across the room. After the sexual assault Clifford told her that he was sorry and asked her to give him time to leave before she called for help. He left a large amount of cash on the hall table and told her to give that money to her mother. Clifford fled the state and was found by the Connecticut State Police at Foxwoods Casino.

        The case was investigated by the Bourne Department and the Massachusetts State Police assigned to the Office of the Cape and Islands District Attorney. The case was prosecuted by Assistant District Attorney Sharon Thibeault.




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October 2, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian Glenny

        Cape & Islands District Attorney Michael O'Keefe announced that a Barnstable County Grand Jury today returned Indictments against Caleb S. Greeson, (DOB: 6/22/91), of 82B Waterhouse Road, Bourne for Murder, Assault & Battery with a Dangerous Weapon and Assault & Battery in connection with the stabbing death of Daniel E. Cardoza (DOB: 6/3/87) of 12 Tecumseh Road, Bourne on July 19, 2009.

        The Grand Jury also indicted Brandon A. Rogers-Andrews (DOB: 3/29/88) of 8 Lakewood Circle, Sagamore Beach on charges of Armed Assault with intent to Murder and Assault and Battery by means of a Dangerous Weapon. These charges stem from an altercation with Caleb Greeson that occurred in Sagamore on July 20, 2009, subsequent to the stabbing of Mr. Cardoza.

        They will be arraigned at a future date in Barnstable Superior Court.


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October 2, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian S. Glenny
First Assistant District Attorney Michael Trudeau

        Cape & Islands District Attorney Michael O'Keefe and Barnstable Police Chief Paul MacDonald announced today that Robert Upton, (dob: 9/5/64) of 11 Bushhill Road, Ipswich, was arraigned and charged with Murder and Attempted Armed Robbery in the death of his brother-in-law, Aris E. Manoloules. Also arrested and arraigned yesterday was Christopher Manoloules, age 17.

        The deceased was found by the police after the brother of the deceased and father of Christopher Manoloules called to request a well-being check at the Ripple Cove Road house.

        An autopsy was conducted at the Office of the Chief Medical Examiner in Boston yesterday. The cause of death was determined to be multiple gunshot wounds to the head and torso.

        Barnstable Police and State Police Detectives assigned to the Cape & Islands District Attorney's office conducted the investigation, aided by Crime Scene Services and Ballistics experts from the State Police.

        The matter remains under investigation by the above agencies.



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October 1, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian S. Glenny

        Cape & Islands District Attorney Michael O'Keefe announced that Christopher Manoloules, (dob: 12/31/91), of 70 Flagg Road, Southborough, was arraigned today in Barnstable District Court for First Degree Murder and Attempt to Commit Armed Robbery in the death of Aris Manoloules, (dob: 6/12/62) of 1500 Worcester Rd, Apt 311, Framingham. Barnstable Police Officers were requested to do a well-being check at the address of 25 Ripple Cove Road in Hyannis on September 30, 2009 around 5:30 p.m. Aris Manoloules' deceased body was discovered. Christopher Manoloules, the deceased's nephew was held without bail and the case was continued to November 5, 2009, for a pretrial hearing.

        This case remains under investigation by the Barnstable Police and Detectives from the Massachusetts State Police assigned to the Cape & Islands District Attorney's Office.



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October 1, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian S. Glenny

        Cape & Islands District Attorney Michael O'Keefe and Chief of Barnstable Police Department Paul MacDonald announced today that at approximately 5:30 pm last evening, September 30, 2009, the Barnstable Police were requested to make a well-being check at 25 Ripple Cove Road, Hyannis. Upon arrival, they found ARIS E. MANOLOULES of 1500 Worcester Road, Apt. 311, Framingham (dob: 6/12/62) deceased inside his summer home at 25 Ripple Cove Road.

        The circumstances surrounding the death were suspicious and a criminal investigation was initiated. Responding to the location last night were Barnstable Police Detectives, State Police Detectives assigned to the District Attorney's Office and Crime Scene Services of the Massachusetts State Police.

        The investigation continued throughout the night and is on-going. The deceased was transported to the Office of the Chief Medical Examiner in the early morning hours and an autopsy will be performed today.



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September 25, 2009

Contact: District Attorney Michael O'Keefe
Assistant District Attorney Sharon Thibeault


        Cape & Islands District Attorney Michael O'Keefe announced today that Jose L. Reyes of Fitchburg. MA, (dob: 2/18/86) was convicted yesterday of Arson of A Dwelling House, Armed Assault with Intent to Murder {7 counts), Assault with a Dangerous Weapon, Throwing or Placing Explosive near Building and the Possession of a Molotov cocktail on 4/3/2008 in the town of Barnstable. This morning the Honorable Judge Richard. F. Cannon sentenced Jose Reyes to 15 years -18 years committed to the Massachusetts Correctional Institution at Cedar Junction.
        On the evening of 4/2/2008 Jose Reyes and Dennis Edwards had an altercation. In the early morning hours of 4/3/2008 Jose Reyes retaliated by returning to the home of Dennis Edwards and throwing a lit Molotov cocktail containing gasoline into the bedroom of two small sleeping children and an infant, setting the room ablaze. Hearing the window smash, an overnight visitor to the home rushed to the bedroom to see the flames surrounding the children. Yelling, she woke the home owner Dennis Edwards and the two of them got the children out of the fire-filled room, Mr. Edwards reaching through the flames to lift the infant from the mattress. The Molotov cocktail had landed on the mattress approximately 6 inches from the infant. The Barnstable Fire Department responded and extinguished the fire.
        The case was investigated by the Barnstable Police and the Massachusetts State Police assigned to the Fire Marshal's Office. The case was tried by Assistant District Attorney Sharon J. Thibeault. The defendant was represented by Attorney Robert Manning.



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Date: September 17, 2009

Contact: District Attorney Michael O'Keefe
Assistant District Attorney Sharon J. Thibeault

RE: Commonwealth v. Everett Connolly

        Cape and Islands District Attorney Michael O'Keefe announced today that the Supreme Judicial Court for the Commonwealth of Massachusetts upheld the 2006 Barnstable Superior Court conviction of Everett Connelly for Trafficking in and Distribution of Cocaine. In so holding the Supreme Judicial Court denied the defendant's motion for a new trial and reaffirmed the use by the Commonwealth of a Global Positioning System (G.P.S.) as an investigative tool. In its decision, the Supreme Judicial Court held that the use of a G.P.S. in these circumstances was a seizure requiring a warrant. The Supreme Judicial Court reasoned that the use of a G.P.S. tracking device constitutes a seizure under Article 14 of the Massachusetts Declaration of Rights. The Supreme Judicial Court held that 15 days is the maximum period for G.P.S. monitoring, adopting the monitoring time period permissible under the wiretap statute. The Appeal was argued for the Commonwealth by Assistant District Attorney Julia Holler, Chief of Appeals.


        After trial, Everett Connolly was sentenced to 12 years to 15 years committed to the Massachusetts Correctional Institution at Cedar Junction for having 124 grams of cocaine hidden under the dashboard of his van. The decision by the Supreme Judicial Court upholds this sentence. Members of the Massachusetts State Police and Harwich Police Department in conjunction with the Cape Cod Drug Task Force had investigated Everett Connolly for over a year, culminating in obtaining a warrant for the installation of a G.P.S. device in his van. G.P.S. monitoring led to the September 9, 2004 stop of Everett Connolly and his van on Route 6 on a return trip from New York City. This was the first time that G.P.S. technology was used in this manner in the Cape and Islands District.



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DATE: August 14, 2009

Contact: Michael O'Keefe, District Attorney
Brian S. Glenny, First Assistant District Attorney
Michael Trudeau, First Assistant District Attorney

RE: Steven Stewart

        Cape & Islands District Attorney Michael O'Keefe announced the following with respect to today's ruling by the Massachusetts Supreme Judicial Court in the case of Commonwealth v. Steven Stewart. The SJC overturned the Barnstable County Superior Court jury's guilty finding of first degree murder of Steven Stewart after a trial in 2005 for the contract killing of Frances Carriere in January of 1980.

        "While we disagree with the ruling, we respect the Court's opinion and will review the decision and follow through with the appropriate action."

        The SJC held that the only remedy a Trial Court has when faced with a witness who refuses to take the oath to tell the truth is to hold that witness in contempt. The Court stated, "We recognize, as did the judge, that a finding of contempt and the accompanying sanction is unlikely to have impact on an inmate already serving a sentence of life without parole." The witness in question, Robert Hoeg, was convicted of first degree murder in an unrelated case. The SJC has ordered a new trial.



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DATE: August 3, 2009

Contact: Cape & Islands District Attorney Michael O'Keefe 508-362-8113

An Act to Combat Economic Crimes

CAPE & ISLANDS DISTRICT ATTORNEY MICHAEL O'KEEFE AND
ATTORNEY GENERAL MARTHA COAKLEY ANNOUNCE COMPREHENSIVE ECONOMIC CRIME BILL
Bill supported by broad coalition of legislators, prosecutors, law enforcement


          BOSTON - Today, many Legislators joined with Massachusetts Attorney General Martha Coakley and a coalition of legislators, District Attorneys, and law enforcement organizations, to announce the filing of An Act to Combat Economic Crime, comprehensive economic crime legislation designed to give law enforcement the necessary tools to investigate and prosecute sophisticated criminal activities and enterprises in the 21st century. The bill, which is sponsored by many Legislators, District Attorneys, and the Attorney General, specifically updates the law in three areas, including money laundering, enterprise crime, and wire interception.

          "This Legislation will allow us in law enforcement to keep pace with those who would use cell phones, computers and other electronic devices to commit and profit from crime. It is a long needed update and modernization of statutes which have been on the books for years, but have not been revised since the advent of the electronic revolution," said Cape & Islands District Attorney Michael O'Keefe.

          "As our economy has struggled in recent years, we have seen criminals engage in more sophisticated, organized, and often large-scale schemes to steal money or otherwise profit from illegal conduct," said Attorney General Coakley. "Crimes such as money laundering and engaging in corrupt business enterprises are very difficult to prosecute at the state level because police and prosecutors simply do not have the necessary tools to investigate such crimes. Particularly as we explore the possibility of expanded gaming in the Commonwealth, it is critical that we have the statutory structure in place to address the types of financial crimes and corruption that may be associated with legalized gaming."

The bill updates the law in three key areas:

          Money Laundering - Money laundering, which entails concealing the source of illegally obtained money, has proven to be critical in the furtherance of large-scale, illegal enterprises such as terrorism, narcotics trafficking and other organized crime, and is particularly prevalent where casino gaming is legal. Among other measures, the bill makes it a crime to knowingly engage in a financial transaction derived from criminal activity with the intent to promote, carry on, or facilitate criminal activity. Under the proposed new law, the crime of money laundering would carry a maximum penalty of six years in State Prison, or up to eight years for a repeat offense. Money laundering is prohibited by federal law and in at least 28 other states.

          Enterprise Crime - The legislation also focuses on traditional and non-traditional criminal enterprises and organizations, including so-called organized crime families and traditional street gangs, organized retail crime rings, identity theft rings, large-scale drug and human trafficking groups. Many of these organizations have sophisticated structures and extensive supporting networks, allowing them to engage in such criminal activities as money laundering, illegal gaming, running drugs and firearms, credit card and identity theft, and other types of fraud. The bill will prohibit patterns of certain crimes committed by corrupt enterprises, allowing the ring leaders and major players, who control and direct the enterprise but often do not partake in the actual commission of the crime, to be deterred and held accountable. Specifically, the bill makes it a crime, through a pattern of criminal enterprise activity or through the collection of an unlawful debt, to knowingly:

* receive proceeds derived from such activity;
* use the proceeds to establish, operate, or acquire any enterprise;
* receive anything of value or acquire any interest in or control of any enterprise; or
* be employed by or associated with any enterprise to conduct or participate in the enterprise by engaging in a    pattern of criminal enterprise activity or through the collection on an unlawful debt.

Under the proposed new law, such activity would carry a minimum penalty of five years in State Prison, and a maximum of 15 years. Currently, 32 states have enterprise crime statutes.


          Wire Interception - Last updated in 1968, the Massachusetts wire interception statute has not been updated to address either the technological advancements in telecommunications, or the changes in the nature and structure of criminal enterprises over the past 40 years. This bill provides much-needed updates to the wire interception law, including adding a definition for "electronic communication," designating new crimes eligible for the use of a lawful interception, and extending the amount of time that a lawful interception can remain open from 15 to 30 days to account for the breadth and complexities of criminal investigations in the 21st century. The bill also allows lawful, court approved one-party consent monitoring and recording of conversations of certain crimes. At this time, 43 states have wire interception statutes, and 35 have one-party consent statutes.

          In addition to Cape & Islands District Attorney Michael O'Keefe and Attorney General Coakley, this legislation, which was filed today, is co-sponsored by:

Senator Steven Baddour (D-Methuen)
Senator Stephen Brewer (D-Barre)
Senator Benjamin Downing (D-Pittsfield)
Senator Mark Montigny (D-New Bedford)
Senator James Timilty (D-Walpole)

Representative James Vallee (D-Franklin), House Majority Leader
Representative Garrett Bradley (D-Hingham)
Representative Katherine Clark (D-Melrose)
Representative Barry Finegold (D-Andover)
Representative John Keenan (D-Salem)
Representative Peter Koutoujian (D-Waltham)
Representative Sarah Peake (D-Provincetown)


Essex District Attorney Jonathan Blodgett
Berkshire District Attorney David Capeless
Suffolk District Attorney Daniel Conley
Plymouth District Attorney Timothy Cruz
Middlesex District Attorney Gerard Leone
Northwestern District Attorney Elizabeth Scheibel
Bristol District Attorney Samuel Sutter



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July 21, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian S. Glenny


Cape & Islands District Attorney Michael O'Keefe announced that Brandon Alan Rogers-Andrews, 8 Lakewood Circle, Sagamore Beach, DOB: 3/29/88, was arraigned today in the Falmouth District Court and charged with Attempted Murder, Assault and Battery by Means of a Dangerous Weapon, to wit: a knife, and Assault & Battery in the stabbing of Caleb S. Greeson on July 19, 2009. Mr. Greeson, 82B Waterhouse Road, Bourne, DOB: 6/22/91, has been charged with the stabbing murder of Daniel E. Cardoza, 12 Tecumseh Road, Bourne, DOB; 6/3/87, on July 19, 2009. Mr. Rogers-Andrews is alleged to have been involved in an altercation with Mr. Greeson subsequent to the stabbing of Mr. Cardoza.

The District Attorney's office requested $50,000. cash bail to ensure Brandon Rogers-Andrews' appearance for court proceedings. Judge Michael Creedon set $2,000 cash bail. Rogers-Andrews is next scheduled to appear in Falmouth District Court on August 15, 2009, for pretrial conference.

# # #


July 20, 2009

Contact: District Attorney Michael O'Keefe First Assistant District Attorney Michael Trudeau First Assistant District Attorney Brian S. Glenny

Cape & Islands District Attorney Michael O'Keefe announced today that Caleb S. Greeson, 82B Waterhouse Road, Bourne, (dob: 6/22/91) was arraigned at a Boston hospital on charges of Murder, Assault & Battery and Assault & Battery with a Dangerous Weapon in connection with the stabbing death of Daniel E. Cardoza of 12 Tecumseh Road, Bourne, on July 19, 2009.

Greeson pled not guilty to all charges, with Judge Michael Pomerole presiding. Judge Pomerole ordered the defendant held without bail to appear in Falmouth District Court on August 20, 2009, for pretrial conference.

The case remains under investigation by Bourne Police and Massachusetts State Police Detectives.

# # #


July 20, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau

Cape & Islands District Attorney Michael O'Keefe and Chief Earl Baldwin of the Bourne Police Department announced today that at approximately 10:30 pm Sunday, July 19, 2009, Bourne Police were notified of a fight at the Canal Street Shell Station. When they responded to the scene, they found Daniel E. Cardoza of 12 Tecumseh Road, Bourne, age 22, suffering from what appeared to be several stab wounds. He was transported to Jordan Hospital by Bourne Fire and Rescue where he was pronounced dead at 11:54 p.m. Massachusetts State Police Detectives assigned to the District Attorney's Office responded to the scene.

Under arrest and charged with Murder is Caleb S. Greeson, 82B Waterhouse Road, Bourne, Age 18. Mr. Greeson was tracked by a K-9 dog from the Barnstable County Sheriff's office. Mr. Greeson was suffering from several stab wounds sustained in a subsequent separate, but related event. Mr. Greeson was air-lifted to a Boston Hospital where he remains in custody.

Five (5) additional subjects have been arrested:

Samantha L. Victorino of 16 Blanding Road, Rehoboth, Mass. (dob: 3/22/88 charged with Unarmed Burglary;

Michael Eugene Almeida of 95 Shore Road, Fairhaven (dob: 5/12/80) charged with Unarmed Burglary;

Michael James Pina of 154 Spring Street, Marion (dob: 2/28/85) charged with Unarmed Burglary;

Kenneth W. Lightford, Jr., of 45 Battles Farm Drive, Brockton (dob: 8/9/79) charged with Unarmed Burglary

Robert Frank Cardoza, Jr. of 6 Steepbank Road, East Wareham (dob: 2/21/70) charged with Unarmed Burglary.

These five have been charged with Home Invasion resulting from their attempts to find the victim's assailant. An autopsy will be performed in due course at the office of the Chief Medical Examiner, in Boston. An additional person or persons is being sought in connection with the apparent stabbing of Mr. Greeson. The investigation is continuing by Bourne Police and Massachusetts State Police Detectives.

# # #

June 9, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau


District Attorney Michael O'Keefe announced today that the Superior Court has denied the second post conviction relief motion in the case of Commonwealth v. Christopher McCowen. McCowen was convicted of the murder and aggravated rape of Christa Worthington following a two-month trial in November, 2006.

The first post trial motion alleged racial bias among the jurors. That motion was denied by trial judge Gary A. Nickerson. This second motion alleged prosecutorial misconduct in failing to turn over alleged exculpatory evidence. In his ruling released today, Judge Nickerson called that claim "baseless" in denying the motion.

At issue were the actions in 2003 of one Jeremy Frazier who pulled a knife in a beach parking lot in a dispute with several other young men. There was no allegation that the knife was used, only displayed. The defense attorney claimed that he was denied this exculpatory report and that he would have introduced it at the trial.

The Judge found first that the defendant had the criminal record of Mr. Frazier and could have and should have specifically requested the reports. Secondly, had he done so, information contained therein would have been inadmissible because the suggestion that the incident in the parking lot among young men and the savage attack on Christa Worthington were similar was "…hyperbole."

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May 18, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau

District Attorney Michael O'Keefe announced today that a Nantucket Grand Jury returned indictments against Thomas E. Ryan, (dob: 3/21/58), of Nantucket in connection with the death of Scott M. Bernard (dob: 9/22/63) of Nantucket on March 5, 2009. Thomas Ryan was indicted for First Degree Murder, Armed Robbery and Assault and Battery with a Dangerous Weapon. The defendant will be arraigned in the near future.

The case remains under investigation by Massachusetts State Police Detectives assigned to the District Attorney's office and the Nantucket Police Department.

# # #

May 15, 2009

Contact: Michael O'Keefe, District Attorney

District Attorney Michael O'Keefe today announced the conviction of Robin Casali (dob: 2/06/66) of 105 John Parker Road, Falmouth, MA for the murder of Winifred Moniz (dob: 10/09/32) of 111 John Parker Road, Falmouth. Ms. Casali was convicted of First Degree Murder in the stabbing death of Winifred Moniz in Falmouth on June 5, 2006. Ms. Casali was also convicted of Armed Assault Intent to Murder and Rob a Person Over Age 60, and Armed Robbery. She was found not guilty of Home Invasion. The jury verdict came after ten (10) days of trial in Barnstable Superior Court.

District Attorney Michael O'Keefe stated that, "It is unfortunate that this defendant chose to blame someone else for the despicable act she committed. I hope this brings a measure of peace to the Moniz family."

Ms. Casali was sentenced to life without parole in prison at the MCI-Cedar Junction. The case was investigated by Falmouth Police and State Police Detectives assigned to the Cape & Islands District Attorney's office. First Assistant District Attorney Brian S. Glenny and Assistant District Attorney Holly Harney prosecuted the case.



# # #

May 13, 2009


Contact: Michael D. O'Keefe, District Attorney
Julia K. Holler Assistant District Attorney


Re: Commonwealth v. Jeremiah Wright
Appeals Court Affirms Rape Conviction
of East Orleans Man

Cape & Islands District Attorney Michael O'Keefe announced today that the Massachusetts Appeals Court affirmed the convictions of Jeremiah Wright, 34, of East Orleans. In August, 2007, Wright was convicted of one count of rape of a child and two counts of indecent assault and battery on a child under 14. The charges arose from Wright's sexual assaults of the victim while the victim was a foster child in his and his wife's care. The defendant was sentenced to 5 - 7 years in state prison for the rape conviction, and given concurrent sentences of 10 years' probation for the indecent assault and battery convictions, to be served on and after the rape conviction.

In his appeal the defendant claimed that his trial attorney had not been effective, because the trial attorney had not admitted his time cards into evidence. The defendant's strategy at trial had been to try to minimize the time that he would have had to be alone with the victim. In rejecting the defendant's claim, the Appeals Court noted that the time cards did not exonerate the defendant, nor were most of them relevant to the time period during which the molestation occurred.

The trial was handled by Assistant District Attorney Holly Harney. The appeal was handled by Assistant District Attorney Julia Holler.


# # #
April 10, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian S. Glenny
First Assistant District Attorney Michael Trudeau

District Attorney Michael O'Keefe and Barnstable Chief of Police Paul McDonald announced today that a Barnstable County Grand Jury returned indictments against Robert B.Vacher (DOB: 11/20/88) of Yarmouth in connection with the Murder of Jordan Mendes, age 16 of Hyannis. Robert Vacher was indicted for First Degree Murder, Armed Robbery, Assault and Battery with a Dangerous Weapon and Improper Disposal of a Body. The Defendant will be scheduled for arraignment in Barnstable Superior Court in the upcoming weeks.

The burning body of Jordan Mendes was found in a pit off Jennifer Lane, in Hyannis, on December 16, 2008.

The case remains under investigation by Massachusetts State Police Detectives assigned to the Cape & Islands District Attorney's Office and the Barnstable Police Department.



# # #




April 2, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau


District Attorney Michael O'Keefe and Chief Anthony Riello of Falmouth Police Department announced today the identity of the remains found on Saturday, March 28, 2009, at 271 Old Meetinghouse Lane, Falmouth. The Medical Examiner reported to the District Attorney last evening that the remains are those of Sean Minahan (dob: 1/21/80) of 12 Viber Lane, Falmouth, who was reported missing on June 8, 2008. The identification was made through dental records.

Additional bones were found on Tuesday, March 31, 2009. Further tests were performed on those bones comparing them to the bones found on Saturday. The Medical Examiner is confident after conducting tests relative to age and height that those bones belong to the deceased, Sean Minahan. The cause of death is undetermined from a physical standpoint. There is no evidence to suggest foul play.


# # #


March 9, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau

District Attorney Michael O'Keefe and Nantucket Chief of Police William Pittman announced that Thomas E. Ryan (DOB: 3/21/58) was arraigned today on a charge of murder in the Nantucket District Court before Judge Joseph I. Macy. The defendant was ordered held without bail to appear at a pre-trial conference on Monday, April 13, 2009, in the Nantucket District Court.

On Saturday, the Office of the Chief Medical Examiner performed an autopsy on the deceased in Boston and ruled the cause of death to be a single stab wound to the chest.

The case remains under investigation by the Nantucket Police Department and the Massachusetts State Police Detective Unit assigned to the Cape & Islands District Attorney's Office.


# # #


March 6, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau


Nantucket Chief of Police William Pittman and District Attorney Michael O'Keefe announced that at approximately 1:30 pm, Thomas E. Ryan (DOB: 3/21/58) was arrested and charged with murder in connection with the death of Scott M. Bernard.

Mr. Ryan lived at 69 Cato Lane, Nantucket. The investigation would suggest that the defendant and the victim were drinking together at a local bar, then returned to 69 Cato Lane where an altercation took place resulting in the death. Mr. Ryan and Mr. Bernard had worked together as painters.

The Medical Examiner's Office will schedule and conduct an autopsy.

The case remains under investigation by the Massachusetts State Police Detective Unit assigned to the Cape & Islands District Attorney's Office and the Nantucket Police.


# # #


March 6, 2009

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Michael Trudeau

Nantucket Chief of Police William Pittman and District Attorney Michael O'Keefe announced today the investigation into the death of 39 year-old Scott M. Bernard of 9 Cow Pond Lane, Nantucket. The deceased was found by a passerby in the roadway on Cato Lane. The passerby notified police.

At approximately 7:30 pm, Nantucket Police and Fire & Rescue responded to the scene and the victim was transported to Nantucket Cottage hospital where he was pronounced dead.

The case is under investigation as a homicide by the Massachusetts State Police Detective Unit assigned to the Cape & Islands District Attorney's Office and the Nantucket Police Department.


# # #


January 30, 2009

Contact: Michael A. Trudeau, First Assistant District Attorney
Sharon J. Thibeault, Assistant District Attorney



District Attorney Michael O'Keefe announced today that Jason P. Ray, age 40, was found to be a Sexually Dangerous Person by Superior Court Judge Gary Nickerson. As a result of the verdict Jason Ray is to be confined to the Massachusetts Treatment Center for a day up to life.

During the three day jury waived trial Judge Nickerson heard from five expert witnesses. The Commonwealth's expert opined that Jason Ray was sexually dangerous and the two expert witnesses on behalf of Jason Ray testified that Ray was not sexually dangerous. The two Qualified Examiners appointed by the Court to perform an assessment of Jason Ray's sexual dangerousness were split in their opinions, with one finding sexual dangerousness and the other finding Jason Ray not sexually dangerous. Assistant District Attorney Sharon J. Thibeault prosecuted the case on behalf of the Commonwealth.

In 1991 Jason Ray was sentenced to six to ten years in state prison for Rape of a Child with Force for forcibly raping a young girl in the town of Falmouth. This case had been investigated by the Falmouth Police Department. In 2000 Jason Ray was sentenced to 4 years to 4 years and a day for Rape of a Child, the daughter of a woman he befriended as a pen pal from prison during the earlier state prison sentence. The 2000 case which occurred in the town of Barnstable and was investigated by the Barnstable Police Department served as the predicate offense for the Commonwealth's Petition for Sexual Dangerousness. Both cases were prosecuted by the Office of the Cape and Islands District Attorney.



###

December 19, 2008

Chief Paul McDonald of the Barnstable Police Department and District Attorney Michael O'Keefe announced today the arrests of two juveniles and one adult in connection with the death of Jordan Mendes whose burned body was found in a hole Tuesday evening on Jennifer Lane, Hyannis.

Both juveniles have been charged with Murder and Armed Robbery. The arrests took place at the Barnstable Police Department at approximately 6:00 pm last evening. Later on last night Robert Vacher, age 20, was arrested and charged with Murder and Armed Robbery.

The motive for this crime appears to be robbery. Approximately $10,000 was taken from Jordan Mendes when he was killed and used the following morning by the youths to purchase a silver BMW automobile.

The autopsy was conducted yesterday by the Office of the Chief Medical Examiner in Boston. The deceased had been shot once and stabbed multiple times before being thrown in the hole and set on fire on the wooded lot on Jennifer Lane. The cause of death is a gunshot wound of the torso with perforation of the liver and colon and sharp force injury to the head and neck including trachea and major vessels.

The investigation is continuing by Barnstable Police and Massachusetts State Police Detectives attached to the District Attorney's Office.

###



December 17, 2008

Contact: First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian Glenny

Barnstable Chief of Police Paul McDonald and District Attorney Michael O'Keefe today stated that at 7:40 pm on December 16, 2008, Barnstable Police and Fire were called to respond to a wooded lot on Jennifer Lane in Hyannis. When they arrived, they found the charred remains of a body in a hole in the ground.

Barnstable Police and Massachusetts State Police Detectives assigned to the District Attorney's Office were on the scene throughout the night; the Medical Examiner's Office and Crime Scene Services are working at the site today.

The matter is being treated as a homicide and the investigation is continuing.



# # #

November 24, 2008

Contact: First Assistant District Attorney Michael Trudeau
Assistant District Attorney Sharon J. Thibeault

District Attorney Michael O'Keefe announced today that Barnstable Superior Court Judge Richard F. Connon sentenced Jair R. Amado (d.o.b. 10/21/78) of New Bedford, to a State's prison sentence of 11-14 years committed at MCI Cedar Junction. After trial a jury found Jair R. Amado guilty of Armed Robbery with a Firearm, Armed Assault in a Dwelling with a Firearm, Armed Kidnapping with a Firearm and the Intent to Extort Money, and Assault and Battery with a Dangerous Weapon, a handgun.

The charges stem from an incident on the night of April 15, 2007, when armed masked men entered a home on Prince Henry Drive in Falmouth demanding money. The men bound the hands and mouths of five people inside the home with duct tape in a baby's nursery room and threatened them with guns. A three-day-old infant lay in the crib. A 911 call was secretly placed by one of the victims and the open line led the police to the house. The assailants heard the police car and fled in their car. The four men were stopped by the police before the Bourne rotary heading off Cape.

The case was investigated by the Falmouth Police and prosecuted by Assistant District Attorney Sharon J. Thibeault.


# # # November 21, 2008

Contact:     Michael O'Keefe, District Attorney
First Assistant District Attorney Michael Trudeau

District Attorney Michael O'Keefe today announced that a Barnstable Superior Court jury convicted Antonio Sousa (dob: 9/28/87) of 816 Phinney's Lane, Centerville, after trial on charges of Burglary, Assault on Occupant, Indecent Assault and Battery of a Person over 14 years, Assault & Battery with a Dangerous Weapon, Assault to Rape and Armed Assault to Rob/Murder.

The charges stem from an incident on October 17, 2006, during the evening hours when the victim interrupted an apparent break into her car and confronted the defendant and indicated she was going to contact police. She fled into her home with the defendant in pursuit where he forced his way through a locked door, beat her about the face and body and sexually assaulted her. The victim was able to fight off the attacker and escaped to a neighbor's house where a 911 call was placed.

Superior Court Judge Richard F. Connon sentenced Sousa to a 15 - 17 year State's prison sentence after four days of trial. The Commonwealth requested a 25-30 year State's prison sentence.

The case was investigated by Barnstable Police Department and prosecuted by Michael Trudeau, First Assistant District Attorney.

# # #


October 23, 2008

Contact: Michael D. O'Keefe, District Attorney
Brian S. Glenny, First Assistant District Attorney

Re: Commonwealth v. Erin Colleran
Supreme Judicial Court Reduces Conviction of Mother Who Murdered Her Daughter

          Cape & Islands District Attorney Michael O'Keefe announced today that the Massachusetts Supreme Judicial Court has reduced the conviction of Erin Colleran, 38, formerly of Sandwich, from first-degree murder to second-degree murder, in the smothering and strangulation of her 2 ½ year old daughter, Skyler.
          On December 18, 2001, at approximately 6:00 a.m., authorities arrived at the home of Erin Colleran and discovered her deceased daughter. In a statement to investigators Colleran admitted smothering her sleeping daughter by holding the child's face into a couch cushion. Colleran admitted to continuing to smother her daughter despite the child's struggling. When Colleran turned her daughter over and observed the child's condition, Colleran thought of how her daughter might suffer from brain damage for the rest of her life, and then strangled the child to death.
          The Supreme Judicial Court did not question the strength of the evidence against Colleran, nor the Commonwealth's presentation of the case at the trial. Rather , the Supreme Judicial Court ruled that pursuant to its extraordinary powers pursuant to G.L. c. 278, §33E, a verdict of second degree murder was more "consonant with justice" in this case, because of the issue of Colleran's mental illness at the time of the murder.
          A Barnstable County Superior Court jury convicted Colleran of first-degree murder under two theories: deliberate premeditation with malice aforethought; and extreme atrocity or cruelty. The effect of the Supreme Judicial Court's decision is to reduce the defendant's conviction from first-degree murder, which carries a sentence of life without the possibility of parole, to second-degree murder, which allows for the possibility of parole after 15 years.
          The case was tried by First Assistant District Attorney Brian S. Glenny. The appeal was handled by Assistant District Attorney Julia Holler.

# # # # October 1, 2008

Contact: First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian Glenny

Yesterday, District Attorney Michael O'Keefe requested that Plymouth County District Attorney Timothy Cruz handle the investigation surrounding a shooting incident which occurred on September 29, 2008, in Harwich.

Marcus Miranda was shot by a police officer and charged with offenses related to a domestic disturbance.

It was learned yesterday during the course of the investigation that a long-standing employee of the District Attorney's office is the sister of Mr. Miranda's mother. Because of the seriousness of the incident and the relationship mentioned above, District Attorney O'Keefe requested a special prosecutor be appointed by District Attorney Cruz to avoid the appearance of a conflict.


# # # #




September 30, 2008

Contact: Sharon J. Thibeault, Assistant District Attorney

RE: Commonwealth v. Clyde Bridges

Cape and Islands District Attorney Michael O'Keefe announced today that Clyde Bridges pled guilty in Barnstable Superior Court to charges of Armed Robbery and Armed Assault with intent to Rob. The Honorable Judge Gary Nickerson sentenced Bridges to 10 years to15 years committed MCI Cedar Junction for these two crimes, with 5 years probation after the committed sentence.

The charges stem from two separate incidents in the town of Barnstable, village of Hyannis occurring three days apart. On May 8, 2008 at approximately 9:30 p.m. Bridges watched from behind a bush as a pizza delivery man returned to his car parked along side of the road. Bridges placed a small revolver replica, later determined to be a cigarette lighter, in the back of the neck of the delivery man and demanded his money. Bridges instructed the man to get in his car and turn off the lights and then he took the money and fled.

On May 11, 2008 at approximately 9:00 p.m. Bridges went into the Four Square Church on Main Street during the church services stood in the back and placed money in the collection basket. Forty minutes later Bridges returned masked and brandishing the replica revolver. He demanded the collection money threatening to shoot. Members of the congregation tackled Bridges as he attempted to flee out the church door. Barnstable Police arrived as several parishioners had Bridges restrained on the ground. The weapon was recovered and upon police questioning Bridges admitted to the robbery of the pizza delivery man.


# # # #


September 30, 2008

Contact: First Assistant District Attorney Michael Trudeau
First Assistant District Attorney Brian Glenny

District Attorney Michael O'Keefe today stated that Harwich Police Department received a 911 call regarding a domestic disturbance on September 29, 2008, at 5:59 pm from the alleged victim of that disturbance. Harwich officers were dispatched to the area. A responding officer observed the alleged perpetrator, Marcus Miranda, Jr. (DOB: 11/13/78) 11 Division Street, Harwich, on foot. The officer pursued Mr. Miranda on foot.

The pursuit led to an area near Willow and Belmont Streets in Harwich. The officer ordered Mr. Miranda to stop. A confrontation ensued wherein the officer discharged his weapon. Mr. Miranda was transported to Cape Cod Hospital where he was admitted and is reported to be in stable condition. He has been charged with a number of offenses related to the domestic disturbance. The case remains under investigation by members of the Detective Unit of the Massachusetts State Police assigned to the Cape & Islands District Attorney's office.


# # # #


September 18, 2008

PRESS CONFERENCE

Contact: District Attorney Michael O'Keefe

Re: Death of Andre Martins

      Please be advised that a press conference regarding the above-entitled matter will be held tomorrow, Friday, September 19, 2008, at twelve o'clock noon (12:00) in the conference room of the satellite office of the Cape & Islands District Attorney, 60 Perseverance Way, Hyannis, MA.



# # # #


September 17, 2008

PRESS CONFERENCE

Contact: Michael Trudeau, First Assistant District Attorney



Cape & Islands District Attorney Michael O'Keefe
Bristol County District Attorney Sam Sutter
Sheriff James M. Cummings
Scott Lang, Mayor of New Bedford
Robert Correia, Mayor of Fall River
Charles Crowley, Mayor of Taunton
Marc Santos, Bristol County Clerk of Courts
Law Enforcement from cities & towns of Cape & Islands and Bristol County
Local business leaders

WHERE: Outside New Bedford Superior Court, 441 County Street, New Bedford

WHEN: Thursday, September 18, 2008 11:00 a.m.

WHY: To display a broad coalition of local officials who are opposed to Massachusetts Ballot Question 2 which calls for the decriminalization of less than an ounce of marijuana, and to discuss the numerous reasons for opposition to this ballot initiative.


# # # #


July 31, 2008

Contact: Michael D. O'Keefe, District Attorney
Brian S. Glenny, First Assistant District Attorney
Julia K. Holler, Assistant District Attorney

Re: Commonwealth v. Thomas Hendricks

        Cape & Islands District Attorney Michael O'Keefe announced today that the Supreme Judicial Court has affirmed the October, 2004 conviction in the Falmouth District Court of Thomas Hendricks, 39, formerly of West Yarmouth, for reckless child endangerment. In its opinion the Supreme Judicial Court adopted the Cape & Islands District Attorney's position that the reckless child endangerment statute, which was enacted in December, 2002, was not confined to situations involving only physical or sexual abuse of children. The Court gave a broad interpretation to the statute, finding that it proscribes all wanton and reckless conduct that creates a substantial and unjustifiable risk of serious bodily injury to a child.
        On September 8, 2004, Hendricks failed to stop for the police and led the Mashpee police on a high-speed chase down an unpaved road containing large potholes and sharp curves. At the dead-end of the road, Hendricks drove his car up over a two-foot high berm and traveled down a dirt pathway into the woods. The defendant did not surrender to the police until the police called into the woods to tell him that they had a police dog that would begin to track unless he came out of the woods. It was at that time that the police learned that the defendant, who had left the car in the woods and fled on foot, had his three year-old daughter with him and that she had been present in the car during the high-speed chase.


# # # #


July 28, 2008

Contact: District Attorney Michael O'Keefe

        On Sunday, July 27, at approximately 1:10 am, a Yarmouth Police patrol car operated by Officer Christopher Van Ness was observing a vehicle. Evidence gathered during the investigation shows that the vehicle sped up to a high rate of speed on Harbor Road, located in a neighborhood in West Yarmouth. As a result of the speed of the vehicle, the officer put on his blue lights in an attempt to signal the operator to stop. The operator turned onto Baxter Road which intersects with Route 28. Other Yarmouth Police vehicles were located at the intersection of 28 and Baxter Road displaying blue lights. The vehicle in question turned sharply left onto the lawn of a house located at 41 Baxter Road with the officer following behind the car. The car left numerous deep markings in the lawn, evidencing its attempt to use the lawn to make a U turn. The car ultimately made the turn, reversed direction and headed off the lawn, toward the pursuing police car and back in the opposite direction.

        A number of shots were fired by Officer Van Ness and the car slowed down and stopped a short distance down Baxter Road.

        An autopsy was conducted this morning by Dr. Henry Nields, Chief Medical Examiner for the Commonwealth of Massachusetts. Preliminary results show that the operator of the vehicle in question died of a single gunshot wound that perforated the body, specifically the heart and lungs.

        The deceased has been identified as Andre Martins of Brazil, his last known address in Massachusetts was 108 Mitchell's Way, Hyannis. Mr. Martin had no relatives here. His father and brother were notified today by the State Police with the help of the Brazilian Consulate in Boston.

        The deceased was smoking what appeared to be a marijuana cigarette which was still in his mouth as paramedics pulled him from the vehicle to render aid.

        In the vehicle with the deceased was a female passenger, age 25. She is the mother of his two children. She has given a statement to State Police investigators and has been cooperative.

        Officer Christopher Van Ness, age 34, has been a full time Yarmouth Police Officer for more than 3 years and prior to that was an officer in the Town of Harwich.

        The case remains under investigation by the Massachusetts State Police Detectives assigned to the District Attorney's office. An accident reconstruction team and Ballistics personnel from the State Police are also involved in the investigation.



# # # #

July 16, 2008

Contact: District Attorney Michael O'Keefe
First Assistant District Attorney Brian Glenny
First Assistant District Attorney Michael Trudeau


        District Attorney Michael O'Keefe announced today that the Barnstable County Grand Jury returned an indictment for Manslaughter against Dr. Rapin Osathanondh in the death of Laura Hope Smith on September 13, 2007, at the Women's Health Center, 68 Camp Street, Hyannis, MA. The charges are the result of an investigation by the Barnstable Police Department, State Police Detectives assigned to the District Attorney's office and the Board of Registration in Medicine.

# # # #


May 16, 2008

Contact: Michael Trudeau, First Assistant District Attorney

         Cape & Islands District Attorney Michael O'Keefe announced today that a Barnstable County Superior Court Jury convicted James Pells (DOB: 6/1/57) of Rape and Assault and Battery. The rape occurred in Hyannis in August, 2006. The defendant is a Level 3 registered sex offender. He was sentenced by Judge Richard Connon to 10-15 years state prison. The case was prosecuted by Assistant District Attorney Lisa Edmonds. Mr. Pells was represented by Attorney Ruth McLaughlin.



# # # #


April 4, 2008

Contact: Michael Trudeau, First Assistant District Attorney

         Cape & Islands District Attorney Michael O'Keefe and Barnstable Chief of Police Paul McDonald announced the arrest and arraignment today in Barnstable District Court of five individuals in connection with the fire at 50 Hiramar Road, Hyannis. The Commonwealth requested $100,000. bail on each of the defendants. Their names and the amounts of bail set by Judge W. James O'Neill are as follows:

Joshua Debonise (dob: 6/19/88) of Louis St., Hyannis $50,000.
Tiffany Mason (dob: 10/30/87) of Louis St., Hyannis $1,000.
Andrew Nickerson (dob: 12/2/88) of Mashpee $50,000.
Victor Mason (dob: 9/19/87) of East Boston, MA $100,000.
Jose Reyes (dob: 2/18/86) of Fitchburg, MA $100,000.

All defendants are charged with Arson of a Dwelling House and Attempted Murder. In addition, Jose Reyes is also charged with Possession of an Infernal Machine. All five defendants are to return to court on April 28, 2008.

The case remains under investigation by the Barnstable Police Department, the Massachusetts State Police and the State Fire Marshal's Office.

#####




March 31, 2008

Contact: Michael D. O'Keefe, District Attorney Brian S. Glenny, First Assistant District Attorney Julia K. Holler, Assistant District Attorney

Re: Commonwealth v. Paul P. DuBois Supreme Judicial Court Affirms Conviction of Man Who Murdered DSS Worker

        Cape & Islands District Attorney Michael O'Keefe announced today that the Supreme Judicial Court has affirmed the conviction of Paul P. DuBois, 44, formerly of North Eastham, for the murder of Department of Social Services Social Worker Linda Silva on September 12, 1996, in Provincetown. At trial the Commonwealth alleged that DuBois was angry at Silva and blamed her for his loss of custody of his children. Silva had testified for the Department of Social Services during a Probate Court hearing that resulted in DuBois losing custody.

        Silva was killed by a single shot to the back of her head, near her car in a parking lot in Provincetown. The Provincetown Police and State Police Detectives assigned to the District Attorney's Office investigated the case for six years, ultimately leading to DuBois' arrest in June, 2003 in Missouri.

        Dubois was convicted of murder in the first degree by deliberate premeditation after a week-long trial in September, 2004. The conviction carries a sentence of life without the possibility of parole.

        The case was tried by First Assistant District Attorney Brian S. Glenny. The appeal was handled by Assistant District Attorney Julia K. Holler.



#####


March 28, 2008 PRESS RELEASE

Contact: J. Thomas Kirkman or Sharon Thibeault, Assistant District Attorneys

RE: APPEALS COURT AFFIRMS MURDER CONVICTION OF NATHANIEL J. MIKSCH

        District Attorney Michael O'Keefe announced today that the Massachusetts Appeals Court has affirmed the conviction of Nathaniel J. Miksch for murder in the second degree of Timothy Maguire in Provincetown on October 25, 2003.
        The Appeals Court rejected the defendant's claim that the prosecution had not presented enough evidence of malicious intent in his killing of Mr. Maguire by strangulation. The defendant claimed he was provoked into his attack on the victim. The jury rejected the defendant's claim at trial and the Appeals Court found there was no reason to overturn the jury's verdict.
        Assistant District Attorney Sharon J. Thibeault prosecuted the case at trial. Assistant District Attorney Thomas Kirkman briefed and argued the appeal for the Commonwealth.


#####


February 15, 2008 PRESS RELEASE

District Attorney Michael D. O'Keefe is pleased to announce that the Massachusetts Bar Association has selected Assistant District Attorney J. Thomas Kirkman as the Access to Justice Prosecutor of the Year. The Prosecutor of the Year Award is given annually by the Association to a state or federal prosecutor who has distinguished himself or herself in public service and whose commitment to justice and serving the communities where he or she lives or works is particularly praiseworthy.

Mr. Kirkman graduated from the Rutgers University School of Law - Camden in 1978 and entered Volunteers In Service To America (VISTA). He was assigned to the Chicago, Illinois, region where he worked for three years as an attorney for the Legal Assistance Foundation of Chicago representing people who could afford lawyers in a variety of civil lawsuits. He continued that work after moving to Cape Cod in 1981 for Legal Services for Cape Cod and the Islands. In 1986, Mr. Kirkman entered the private practice of law representing small businesses and criminal defendants. In January, 1993, District Attorney Philip A. Rollins named him Director of the Domestic Violence Prosecution Unit in the Cape and Islands District Attorney's office. In that capacity he oversees all domestic violence investigations and prosecutions in the office in trial and appellate courts.

He was selected to receive the Access to Justice Award, however, because of his work in the wider community. Mr. Kirkman has served on the Domestic Violence Task Team of the Cape Cod Council of Churches and as a co-chair of the Faith Communities Working Group of the Massachusetts Commission on Domestic Violence. Mr. Kirkman is one of the founders of the Cape and Islands Regional Domestic Violence Council and serves on its steering committee. Mr. Kirkman has also served on the Education and Prevention sub-committee of the Massachusetts Commission on Sexual Assault and Domestic Violence. He was elected in 1999 to the Town of Falmouth, Massachusetts, School Committee and is in his third term. He served for three years as Chairman of that body. He was one of the founders of the Falmouth Education Foundation, a nonprofit corporation that awards grants for innovative programs and initiatives in the Falmouth school district. He is also an elected Town Meeting member in Falmouth. For the past twenty two years, Mr. Kirkman has served as an Associate Editor of the Massachusetts Law Review and has written extensively on a variety of civil and criminal legal topics. Mr. Kirkman has served on the training faculties of the National College of District Attorneys at the University of South Carolina Law Center as well as the American Prosecutor's Research Institute in Arlington, Virginia. He also is on the faculty for the National Center for Victims of Crime in Washington, D.C. In those roles he has extensively trained police officers, prosecutors and community advocates in developing responses to domestic violence. In being selected for the award, Mr. Kirkman feels honored and that this award is part of his thirty year effort to improve the access to our justice systems by marginalized and sometimes forgotten members of our society.

The award will be presented at a Massachusetts Bar Association luncheon the first week in March.

#####


January 28, 2008

Contact: Michael O'Keefe, District Attorney

Cape & Islands District Attorney Michael O'Keefe and Bourne Police Chief Earl Baldwin announced today that Bourne Police and the Barnstable County Sheriff's Department responded to the Jasper Two Motel, 100 Maple Street, Buzzards Bay, as a result of information received following a pursuit of a suspect involved in a motor vehicle accident.

Police arrived at the motel at approximately 6:50 a.m. on Sunday morning, January 27, 2008. After numerous commands from both outside and inside the room, once entry was made, a member of the Sheriff's Department fired one round, striking the suspect in the leg. He was treated and released from Falmouth Hospital.

Bourne Police and Sheriff James Cummings requested the assistance of the Massachusetts State Police Detective Unit assigned to the District Attorney's Office to respond after the shooting.

The case remains under investigation.

      #      #      #


January 8, 2008

Contact: Brian Glenny, First Assistant District Attorney
Michael Trudeau, First Assistant District Attorney

Cape & Islands District Attorney Michael O'Keefe and Barnstable Police Chief Paul MacDonald announced today that the Barnstable County Grand Jury returned indictments today in the July 18, 2007 shooting death of Jacques Sellers, 18, of 36 General Patton Drive, Hyannis.

Anthony A. Russ (DOB: 3/26/88) of Hyannis, was indicted for:

Murder, Second Degree, c.265 §1 A&B Dangerous Weapon c.265 § 15A Discharge Firearm within 500' Dwelling c.269 §12E Possess Firearm without FID card c.269 §10(h) Assault by Dangerous Weapon c.265 §15B [2 counts]

Julian M. Green (DOB: 6/06/88) of Dennis, was indicted for:

Murder, Second Degree, c.265 §1 A&B Dangerous Weapon c.265 § 15A Discharge Firearm within 500' Dwelling c.269 §12E Possess Firearm without FID card c.269 §10(h) Assault by Dangerous Weapon c.265 §15B [2 counts]

The defendants are presently being held at the Barnstable County Correctional Facility and will be arraigned in the Barnstable Superior Court soon. A conviction for second degree murder carries with it a mandatory life sentence to State Prison, with the possibility of parole.

The investigation is being conducted by the Barnstable Police Department, members of the State Police Detective Unit assigned to the Cape & Islands District Attorney's Office, and the Barnstable County Sheriff's Department.


      #      #      #


Contact: Michael O'Keefe, District Attorney December 7, 2007

Cape & Islands District Attorney Michael O'Keefe today directed Detectives of the Massachusetts State Police assigned to his office to meet with Falmouth Police Detectives and take possession of a Wal-Mart security tape involved in a malicious damage case in Falmouth, in which a John Reine is alleged to have slashed the tires of a motor vehicle.

Following the dismissal of the case in Falmouth District Court yesterday, Falmouth Police brought the tape back to the police station. Massachusetts State Police Detectives will work with the Falmouth Police in the review of the case by the District Attorney's Office.

A review of the case and of the problem with the security tape will be undertaken with a view toward refiling the case in Court.



      #      #      #


Contact: Michael O'Keefe, District Attorney December 7, 2007

Barnstable Police Chief Paul MacDonald and Cape & Islands District Attorney Michael O'Keefe announced today the arrest of Anthony A. Russ, 19 (3/26/88), of 19 General Patton Drive, Hyannis for the murder of Jacques Sellers, 18, of 36 General Patton Drive, Hyannis. Barnstable Police and Rescue Units were dispatched to 36 General Patton Drive, Hyannis July 18, 2007 for a reported shooting. Mr. Sellers was wounded and eventually succumbed to the gun shot wound. Mr. Russ will be arraigned in the Barnstable District Court this morning. The investigation was conducted by the Barnstable Police and members of the State Police Detective Unit assigned to the Cape & Islands District Attorney's Office. A press conference will be held at 11:00 am at the Barnstable Police Department, 1200 Phinney's Lane, Hyannis (508) 775-0387.



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November 29, 2007

Contact: Geline W. Williams, MDAA Executive Director, 617.723.0642

DISTRICT ATTORNEY MICHAEL O'KEEFE ELECTED NEW PRESIDENT OF THE MASSACHUSETTS DISTRICT ATTORNEYS ASSOCIATION



The Massachusetts District Attorneys have elected Cape and Islands DA Michael O'Keefe as the new President of the Massachusetts District Attorneys Association (MDAA). The MDAA is an independent state agency headquartered in Boston that provides business technology, training and legislative and policy support to the eleven elected District Attorneys and their 700 appointed prosecutors

O'Keefe was elected District Attorney in 2003, having served as First Assistant District Attorney for eight years and as a prosecutor for more than 25 years under the late Philip A. Rollins, who was the Cape & Island's District Attorney for 31 years and retired in 2003. During his lengthy courtroom career, O'Keefe tried over 250 jury trials, including 19 homicides, and represented the Commonwealth in numerous cases before the Massachusetts Appeals Court and the Supreme Judicial Court. He received MDAA's Prosecutor of the Year Award in 1994, and in 2002 was named a Fellow of the American College of Trial Lawyers.

O'Keefe's top priority as MDAA President will be to work with the Governor and legislature to increase the salaries of the 700 prosecutors who work for the Commonwealth's eleven elected District Attorneys. The entry level salary for prosecutors is $37,500. These attorneys often carry education loans from four years of college and three years of law school, and the resulting annual turnover rate in some offices is well over 20%. O'Keefe notes that prosecutors earn substantially less than attorneys who work for other state agencies, and that, while the legislature has provided increases to the DAs' budgets over the past several years, the DAs need a "quantum leap forward" in their budgets in order to pay a reasonable salary to their attorneys.

Because of his many years in the courtroom, O'Keefe is also keenly focused on the importance of forensics services. He plans to "work closely with the Executive Office of Public Safety to improve our forensic services both at the Crime Lab and the Medical Examiner's Office."

The District Attorneys have also elected Berkshire District Attorney David F. Capeless as MDAA's new Vice President.

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November 15, 2007


Contact: Michael O'Keefe, District Attorney

Cape & Islands District Attorney Michael O'Keefe today stated that on Sunday, November 11, 2007, while scalloping approximately 19 miles off the coast of Chatham, a fishing vessel recovered human remains in its nets. The body was brought into Chatham by the U.S. Coast Guard after meeting the fishing vessel at sea. The body was turned over to the Massachusetts State Police Detectives assigned to the District Attorney's office and was then brought to the Medical Examiner's office in Boston. Identification was made from markings on the body and from x-ray comparisons.

The body had been buried at sea in March, 2001, after receiving the proper permitting. The family of the deceased has been notified and will make appropriate arrangements.


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November 7, 2007

Contact: Michael O'Keefe, District Attorney
J. Thomas Kirkman, Assistant District Attorney ____________________________________________________________

The Supreme Judicial Court today affirmed the jury's verdict of guilty of murder in the first degree in the shooting death of Jennifer Perkins of Falmouth.

Defendant Leon Stewart alleged nine different issues on appeal including mistakes by the trial judge, by the prosecutor and that his own lawyer was ineffective.

The Supreme Judicial Court rejected all of these claims and further refused to exercise its authority to reduce the verdict from first degree murder to second degree murder.

District Attorney Michael O'Keefe said "This was a particularly tragic case in that instead of Stewart killing his intended target Tony Vaughn, he instead killed this innocent young woman who had a similar vehicle. He will be in prison for the rest of his life."

The case was tried by then First Assistant District Attorney Michael O'Keefe and the appeal was briefed and argued by Assistant District Attorney J. Thomas Kirkman.

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Michael O'Keefe, District Attorney Cape & Islands District 3231 Main Street Barnstable, MA 02630 (508) 362-8113 FAX (508) 362-8221

Contact: First Assistant District Attorney Michael Trudeau

WEBSITE RELEASE ONLY

September 21, 2007

Cape & Islands District Attorney Michael O'Keefe announced today that a Barnstable County Superior Court Jury convicted Todd Reine (dob: 11/10/66) and Nadia Smuliac (dob: 8/12/82) for their roles in the 2002 burglary and theft of a safe from the property of Shirley Reine at 657 East Falmouth Highway, in the Town of Falmouth. The seven day trial was prosecuted by First Assistant District Attorney Michael Trudeau.

The defendants were convicted of the following offenses:

     Todd M. Reine:                             Nadia M. Smuliac:
     Unarmed Burglary c. 266/15     Unarmed Burglary c. 266/15
     Larceny of a Will c. 266/39     Larceny from Building c. 266/20

A co-defendant, John Rams, Jr. pled guilty prior to trial and received a 6-7 year MCI Cedar Junction sentence for the same charges.

Defendants Reine and Smuliac will be sentenced on September 28, 2007.

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August 17, 2007

RE: Investigation into the shooting death of Patrick Lancaster

Contact: Michael Trudeau, First Assistant District Attorney, Michael O'Keefe, District Attorney

        Cape & Islands District Attorney Michael O'Keefe announced today that the evidence would suggest the following:
        Dr. Gryboski (age 51, 5'3", 125 lbs.) was the recipient of both psychological and physical abuse by her husband for over 20 years. In the early years of this abuse, he threatened her with harm to herself and their children as well as any police who might respond were she to call police. She presented in the workplace with black eyes and other facial bruises which she excused by saying she was playing basketball with her sons. After one beating in 1999, she told one co-worker, a nurse, that she had been beaten by her husband, (Patrick Lancaster, 5'6", 170 lbs., age 50). That nurse told another nurse who said that until Dr. Gryboski formed her own plan to leave in safety for herself and her family, she felt as if she could not say anything as it would only further endanger the doctor and her family.

        A witness indicated that she was a neighbor of Dr. Gryboski and her husband in 1991 in Bedford, MA. The witness received a visit from Mr. Lancaster after the witness' husband had been arrested for domestic abuse. Mr. Lancaster asked the witness why she had her husband arrested. She told him because he was abusive to me. Mr. Lancaster replied, "every woman needs to be beaten, just ask Ann."

        On the Saturday before Easter Sunday, Dr. Gryboski was caring for her 2-year-old grandson while her son and his fiancé spent some time at a hotel on the Cape. They all met for dinner at a restaurant in Yarmouth. Dr. Gryboski, her husband and the child left the restaurant in one car, leaving her son and his fiancé there to finish their meal. Dr. Gryboski was driving, her husband was in the passenger seat and the 2-year-old was in the back seat. Shortly after leaving the parking lot, the husband punched her in the face as she was driving, complaining that she didn't leave the restaurant fast enough.

        He then ordered her to put her hand down which she was holding near her face to protect herself. When she lowered her hand, he hit her again. He continued to do that several more times.

        Medical records from the Cape Cod Hospital indicate head and facial trauma on the right side and a chipped left upper incisor, with a mild corneal abrasion. The hospital also found evidence of a previous nasal injury with deviation of the nasal septum.

        There were several guns in the house as her husband was a hunter. Dr. Gryboski bought a gun for herself in 1999 and was licensed by the Town of Barnstable.

        When she returned home that night from the restaurant, she took the baby and herself into a back bedroom and stayed there for the night. Her son and his fiancé came by to pick up an Easter basket for an Easter egg hunt that they were to attend on Sunday morning. The son was met at the door by the father who handed him the basket at the door saying, 'Your mother doesn't want you to come in.' The son left and on his way to the hotel called his mother's cell phone to see if she was all right. She said she was and would see him as planned at a restaurant for breakfast before the Easter egg hunt.

        The next morning, the husband instructed Dr. Gryboski in what to say to the couple who invited them to the Easter egg hunt to explain her injuries. He was dissatisfied with her statement and threw a tape measure at her. Her son then tried to intervene and was told by his father as he advanced on him that he would slit his throat. As the son began to back into the kitchen, Dr. Gryboski took her gun from her purse which was on the floor. She told her husband to stop. He taunted her and began to move toward her saying, "You're so dead, you don't know what you started." She fired once, he continued to advance, she fired again, striking him twice in the torso. She went to him, cradled his body and said, "I didn't want it to end like this, I hope you find peace."

        When the confrontation began, the mother of the child who had returned with Dr. Gryboski's son to pick up the baby, ran with the baby into a back bedroom and locked the door. She heard the various statements made and upon hearing the shots went out a bedroom window with her baby. She returned to the driveway area as police began to arrive, having been called by Dr. Gryboski.

        Dr. Gryboski was arrested and charged with the crime of murder. After the investigation was completed, the matter was taken up by the Barnstable County Grand Jury. The Grand Jury heard evidence on July 31st, August 10th and 17th, 2007.

        After considering the testimony of twenty-seven (27) witnesses, the Grand Jury returned a no bill ending the prosecution of Dr. Gryboski. District Attorney O'Keefe said, "This is a finding by the Grand Jury consistent with the evidence in this particular case."

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July 19, 2007

Re: Shooting Death at 36 General Patton Drive, Hyannis

Contact Person: District Attorney Michael O'Keefe (508) 362-8113

District Attorney Michael O'Keefe and Barnstable Police Chief Paul MacDonald announced today that Barnstable Police responded to a 911 call from 36 General Patton Drive at 11:20pm July 18, 2007. When Barnstable Police arrived minutes later they found that one Jacques Sellers, D.O.B. 4/5/89 had been shot while seated within the house. He was transported to the hospital by Hyannis Rescue where he was pronounced dead. Preliminary investigation showed that the shots were fired from outside the residence.

The case remains under investigation by the Barnstable Police Department and the Massachusetts State Police Detectives assigned to the District Attorney's Office.



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July 18, 2007

        Cape & Islands District Attorney Michael O'Keefe and Barnstable Chief of Police Paul McDonald announced today that a body was recovered from Middle Pond in Marstons Mills.

        The body was found shortly after 8:00 am by members of the Barnstable Police Department along with members of the Centerville-Osterville-Marstons Mills Fire Department who were searching the area for a 24 year old man who was reported missing last week. The discovery occurred during a preliminary search in preparation for the State Police dive team to search the pond.

        The body will be transported to the Medical Examiner's office where an autopsy will be performed. Identification is being withheld pending notification of next of kin.

        The matter is being investigated by Barnstable Police Department and State Police Detectives assigned to the Office of the Cape & Islands District Attorney.


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Re: Thomas Toolan III verdict June 21, 2007

        Cape & Islands District Attorney Michael O'Keefe announced today that at approximately 11:45 a.m. a Nantucket Superior Court jury found Thomas Toolan III guilty of First Degree Murder in the stabbing death of Elizabeth Lochtefeld of New York and Nantucket. Two separate theories of Murder in the First Degree-deliberate premeditation and extreme atrocity and cruelty were presented to the jury by First Assistant District Attorney Brian Glenny over two and a half weeks of trial.

        District Attorney O'Keefe said, "I hope this brings some measure of peace to the Lochtefeld family. They sat in the courtroom every day listening to some very difficult testimony." DA O'Keefe also thanked Chief Pittman of the Nantucket Police and his department and the State Police Detectives from the District Attorney's Office for their tireless work on the case.

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Contact: Brian S. Glenny, First Assistant District Attorney Julia K. Holler, Assistant District Attorney

Re: Commonwealth v. Christopher Nassar May 25, 2007

        Appeals Court Affirms Convictions of Man Who Preyed on Elderly Cape & Islands District Attorney Michael O'Keefe announced today that the Appeals Court has affirmed the convictions of Christopher Nassar, 42, of Cummaquid, for a series of armed home invasions targeting elderly residents in Yarmouth and Sandwich during June, 2002. Nassar, and James Kelly, of West Springfield, broke into the homes, terrorized the couples with a gun and a knife, then tied their victims up with extension cords found in the homes. They stole jewelry, heirlooms, silver, cash, and narcotics. The victims were left bound in their homes, and in one case one victim had to bite and chew to free himself in order to assist his wife and notify the police.

        Nassar was convicted of six counts of armed robbery while masked, six counts of armed assault in a dwelling, six counts of armed assault with intent to rob, the victim being over 60 years, six counts of kidnapping, three counts of home invasion, one count of burglary and armed assault on an occupant, two counts of breaking and entering in the daytime, placing a person in fear, two counts of larceny of a motor vehicle, and one count of larceny of a Class B substance. Nassar was sentenced to four consecutive terms of 15 - 20 years in State Prison, which will require him to serve 60 years before release. James Kelly, who pled guilty to all the charges against him and testified against Nassar, is serving a sentence of 20 - 22 years in State Prison for his role in these home invasions.

        In his appeal, Nassar tried to challenge a search of his car that occurred in West Springfield. This challenge had been resolved against Nassar in the Springfield Superior Court, in the course of charges against him in Hampden County. Nassar also challenged the sufficiency of the evidence that he was armed with a handgun during the robberies, and he challenged the judge's jury instructions on evaluating immunized testimony. The Appeals Court, in affirming Nassar's convictions, rejected all of these claims.

        The case was tried by First Assistant District Attorney Brian S. Glenny. The appeal was handled by Assistant District Attorney Julia K. Holler.

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Contact: District Attorney Michael O'Keefe

Re: Indictment and Arraignment of Alexander Phillips

              May 9, 2007 Cape & Islands District Attorney Michael O'Keefe announced today that Alexander Phillips (dob: 5/14/87) of 20 Cammett Way, Marstons Mills, was arraigned in the Barnstable Superior Court on charges of First Degree Murder and Assault and Battery with a Dangerous Weapon in connection with the stabbing death of Anthony Rano (dob: 3/26/87) on October 1, 2006. Judge Richard Connon ordered that the defendant be held without bail to appear for a pretrial conference on July 23, 2007.

             The case remains under investigation by the Barnstable Police and Massachusetts State Police Detectives assigned to the Cape & Islands District Attorney's office.





Contact: First Assistant District Attorney Michael Trudeau

March 5, 2007

RE:   Multiple OUI Offense Conviction

Cape & Islands District Attorney Michael O'Keefe announced today that a Barnstable District Court jury convicted Stephen J. Graham, DOB: 4/14/59, of Saturn Lane in West Yarmouth, of Operating Under the Influence, Fifth Offense, on April 18, 2006, in the Town of Yarmouth.

Judge Joan Lynch sentenced the defendant to the maximum 2-1/2 years in the House of Correction.

The case was investigated by members of the Yarmouth Police Department and prosecuted by Assistant District Attorney Matthew Kelley.



Contact: Michael O'Keefe, District Attorney

February 1, 2007

Cape & Islands District Attorney Michael O'Keefe spent Tuesday and Wednesday, January 30 and 31, 2007, in Washington D.C. lobbying Congress on behalf of several issues of concern for District Attorneys, both here in Massachusetts and nationally.

"Senators Kennedy and Kerry were generous with their time and listened to our request for their support", said District Attorney O'Keefe.

Two of the issues directly involve assistant district attorneys. Funding is being sought to continue the National Advocacy Center, on the campus of the University of South Carolina, a facility which trains federal and state prosecutors for free, and support is being sought for legislation to reduce the debt of young assistant district attorneys, who are paid relatively little and have significant debt coming out of law school.

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Contact: Brian S. Glenny, First Assistant District Attorney
Michael A. Trudeau, First Assistant District Attorney
Julia K. Holler, Assistant District Attorney

Re: Commonwealth v. Paul Nolin

January 16, 2007


        Cape & Islands District Attorney Michael O'Keefe announced today that the Supreme Judicial Court has affirmed the first-degree murder conviction of Paul Nolin. In October, 2004, Nolin, 42, formerly of Woods Hole, was convicted in the death of Jonathan Wessner after a two-week trial in the Barnstable Superior Court.

        Mr. Wessner disappeared on September 20, 2003, after attending an all-night party at Nolin's home. Mr. Wessner's body was discovered on October 1, 2003, on a beach in Woods Hole, covered with rocks. Blood evidence linked Nolin and Mr. Wessner to a boathouse near the beach where Mr. Wessner's body was discovered. Nolin was also the last person seen with Mr. Wessner before Wessner's disappearance.

      The Supreme Judicial Court rejected Nolin's claim that the evidence was insufficient to prove that Mr. Wessner was murdered and that Nolin was the killer. The Supreme Judicial Court also rejected Nolin's claims that he was prejudiced by the admission of evidence of a conversation he had asking for his lawyer to come to the Barnstable County Correctional Facility, and the admission of testimony by a forensic dentist identifying Mr. Wessner's remains. The Supreme Judicial Court ruled that Nolin received a fair trial.

        Upon his conviction, the defendant was sentenced to life in prison without the possibility of parole. The case was investigated by troopers from the State Police Detective Unit assigned to the Cape & Islands District Attorney's Office and the Falmouth Police Department. The case was tried by District Attorney Michael D. O'Keefe. The appeal was handled by Assistant District Attorney Julia K. Holler.


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Contact: Michael O'Keefe, District Attorney
Thomas Shack, Assistant District Attorney

RE: Internet Identity Theft Alert

January 3, 2007


District Attorney Michael O'Keefe announced today that his office is investigating a series of internet e-mails sent to individuals on fraudulent e-mail stationary purported to be from Bank of America.(see link) Fraud Alert.

The e-mails request that recipients follow hyperlink directions and enter personal account information. The e-mail is not from Bank of America and the public is urged not to respond to the e-mail as the information may be used for fraudulent purposes.

Citizens are also urged to review the internet safety materials on District Attorney O'Keefe's website at www.mass.gov/da/cape in order to protect themselves from this and similar schemes.

Members of the public should call their local police department or the District Attorney's Office if they believe they may have been the subject of this or other internet fraud and or abuse.

Contact: Michael Trudeau, First Assistant District Attorney
Brian S. Glenny, First Assistant District Attorney

Re:Bernard Kelly convicted of Embezzlement and Filing a Fraudulent Tax Return

December 1, 2006

      Cape & Islands District Attorney Michael O'Keefe announced today that Bernard Kelly, 73, formerly the pastor of St. Joseph's Parish in Falmouth, plead guilty to Larceny by Embezzlement and five (5) counts of Filing a False State Income Tax Return. The larceny charges stemmed from misappropriations of parish funds since 1998. The tax charges stemmed from underreporting of the defendant's income from 1998 to 2003. The Commonwealth recommended a two-year House of Correction committed sentence. The Court sentenced the defendant to seven (7) years of probation based on the defendant's age and the fact that the defendant made restitution in the amount of $1.5 million to the Diocese.

      The case was investigated by members of the Massachusetts State Police Detective Unit assigned to the Cape & Islands District Attorney's Office and the Massachusetts Department of Revenue.

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RE: Commonwealth v. Christopher McCowen

November 21, 2006

      Cape & Islands District Attorney Michael O'Keefe announced today that anyone who voluntarily gave a DNA sample to police from January through March of 2005, the dates of the so-called "DNA Sweep", may retrieve their sample.

      This can be accomplished by calling the District Attorney's office at 508-362-8113 and indicating whether you would like to come in or have it mailed to a particular address.

      Those samples which remain after the date of December 20, 2006, will be destroyed at an appropriate facility

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Contact: First Assistant District Attorney Michael Trudeau

RE: Conviction of Joseph Hines

November 14, 2006

Cape & Islands District Attorney Michael O'Keefe announced today that a Barnstable District Court Jury convicted Joseph Hines, DOB 6/2/1958 of 153 Hinckley Road, Hyannis, MA of operating under the influence, operating a motor vehicle to endanger, and leaving the scene of property damage, on September 5, 2006 in the Town of Hyannis.

After hearing evidence of the defendant's nine prior convictions of operating under the influence, Judge Joan Lynch sentenced the defendant to the maximum sentence of 2 ½ years in the House of Correction for operating under the influence, 2 years in the House of Correction to be served on and after for operating to endanger and five years probation for leaving the scene of property damage. Additional terms of probation include sobriety and alcohol counseling.

The case was investigated by members of Barnstable Police Department and prosecuted by Assistant District Attorney Tara L. Miltimore.

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Contact: First Assistant District Attorney Michael Trudeau

RE: Eastham Shooting

October 18, 2006

Cape & Islands District Attorney Michael O'Keefe and Eastham Police Chief Richard Hedlund announced today that subsequent to the shooting at the Eastham Police Station, that the Eastham Police Dept. received information from an uncle of the suspect who was relaying information from the mother of the suspect who lives in Maine. She told her brother that she had been in cellular telephone contact with the suspect, David G. Hill, age 23 of Samoset Road, Eastham. During several phone calls, information was obtained by police that the suspect had made a number of statements concerning killing himself, police and taking someone hostage.

The suspect was confronted by police officers, one from Truro and one from Orleans, who were assisting Eastham Police Department, at a location near a wooded area off Samoset Road and Herring Brook Road, about one mile from the police station. He was armed with a semi-automatic .40 cal. handgun and wearing a bullet-proof vest. He was shot by police during that confrontation. He died as a result of his wounds at Cape Cod Hospital at 12:43 a.m. this morning approximately one hour after he was shot.

Recovered from his person were the loaded and cocked handgun and 34 additional rounds of ammunition.

The circumstances of the shooting remain under investigation by State Police Detectives assigned to the District Attorney's Office.

An autopsy of the suspect will take place in Boston today at the office of the Chief Medical Examiner.

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Contact: First Assistant District Attorney Brian Glenny
First Assistant District Attorney Michael Trudeau

RE: Fairhaven Football Hazing

October 16, 2006

Cape & Islands District Attorney Michael O'Keefe announced today that two adults and two juveniles were charged in connection with an alleged hazing incident that occurred when members of the Fairhaven Football team attended Camp Wishbone in Bourne, MA during the week of July 24-28th, 2006. The following complaints issued:

Kevin Gonsalves Jr. (dob: 10/28/88) Hazing MGL c. 269, s. 17 177 Dogwood St. Indecent Assault & Battery of a person Fairhaven, MA over the age of 14 MGL c. 265, s. 13H

Dylan Parker (dob: 4/18/89) Hazing MGL c. 269, s. 17 33 Oak Ave. Indecent Assault & Battery of a person Fairhaven, MA over the age of 14 MGL c. 265, s. 13H

Complaints issued against two juveniles for the following charges:


Juvenile A Hazing MGL c. 269, s. 17 Indecent Assault & Battery of a person over the age of 14 MGL c. 265 s. 13H

Juvenile B Hazing MGL c. 269, s. 17 Assault & Battery with a dangerous weapon MGL c. 265, s. 15A

The four individuals will appear for arraignment in the Falmouth District and Juvenile Courts on October 27th. The investigation is being conducted by the Massachusetts State Police detectives assigned to the District Attorney's Office with the assistance of the Fairhaven Police Department.

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Contact: District Attorney Michael O'Keefe

RE: Arrest of William Romero

October 6, 2006

District Attorney Michael O'Keefe and Bourne Police Chief John Ford announce today the arrest of William Romero, age 69 of 126 Tahonto Road, Bourne on a charge of murder in connection with the death of his wife Elaine Romero, age 66.

The victim was found in a sun porch of an adjacent home at about 6:30 a.m. this morning by a neighbor. The neighbor called 911 and rescue and police units from the Town of Bourne responded followed by members of the State Police Detective Unit attached to the District Attorney's Office.

The case remains under investigation by Bourne and State Police. Mr. Romero will be arraigned today at Falmouth District Court.

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Contact Person: Brian Glenny, First Assistant District Attorney Michael Trudeau First Assistant District Attorney

RE: Arraignment of Alexander Phillips

Monday, October 2, 2006

Cape & Islands District Attorney Michael O'Keefe announced today that Alexander Phillips, 5/14/87, of 20 Cammett Way, Marstons Mills, was arraigned on charges of Murder, Assault & Battery with a Dangerous Weapon, and Assault with Intent to Murder in the Barnstable District Court before Judge Joan E. Lynch. Phillips was held without bail and is scheduled to appear for pretrial hearing on October 20, 2006, in the stabbing death of Anthony Rano, 3/26/87, of 15A Locust Way, South Yarmouth.

Emergency Personnel from the Centerville/Osterville/Marstons Mills Fire Department along with patrolmen from the Barnstable Police Department responded to a reported stabbing near the intersection of Cammett Way and Cammett Road in Marstons Mills in the early morning hours of Sunday, October 1, 2006. Mr. Rano was transported to Cape Cod Hospital where he succumbed to his injuries.

The case remains under investigation by the Barnstable Police Department jointly with Detectives of the Massachusetts State Police assigned to the Cape & Islands District Attorney's Office.

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Contact: District Attorney Michael O'Keefe

RE: Arrest in Falmouth Burglary

September 15, 2006

Cape & Islands District Attorney Michael O'Keefe and Falmouth Chief of Police David Cusolito announced today the arrest of three individuals involved in the December, 2002, burglary of a home located at 657 East Falmouth Highway, in the Town of Falmouth:

John Rams, Jr. (DOB: 11/4/72)
Charged with: Unarmed Burglary c. 266/15, Larceny from a Building c. 266/20 and
Stealing a Will c. 266/39

Todd M. Reine (DOB: 11/10/66)
Charged with: Unarmed Burglary c. 266/15, Stealing a Will c. 266/39 and
Receiving Stolen Property c. 266/60

Nadia M. Smuliac (DOB: 8/12/82)
Charged with: Unarmed Burglary c. 266/15 and Larceny from Building c. 266/20

John Rams, Jr. is being held at MCI Norfolk where he is currently serving a sentence. Arrangements will be made for him to appear for arraignment in Barnstable Superior Court at a later date.

Todd M. Reine will be brought to Barnstable Superior Court for arraignment.

Nadia M. Smuliac is being held at a Connecticut facility awaiting transfer to Massachusetts for arraignment on these charges.

The charges are the result of an ongoing investigation that is being conducted by Massachusetts State Police assigned to the Cape & Islands District Attorney's office and the Falmouth Police Department. There will be no further information released at this time. Further information will be released when appropriate.

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CONTACT: District Attorney Michael O'Keefe

RE: The Justice Initiative

September 5, 2006

District Attorney Michael O'Keefe has today released the Report of the Justice Initiative. The Report contains recommendations by the Attorney General and the District Attorneys of Massachusetts in light of the erroneous convictions uncovered largely by DNA testing.

The Report deals with eye witness identification, forensics, training, resources and implementation and continuing review. District Attorney O'Keefe, who heads the Massachusetts District Attorney's subgroup on forensics said, "This report is our response to the erroneous conviction issue. Even though only 15 of approximately 6 million cases prosecuted over the past twenty (20) years have been found to be flawed, it is our responsibility to do what we can to insure that innocent people are not wrongly convicted. Improvements in forensics in the future will be the single most important deterrent to these wrongful convictions, as well as to the swift punishment of the guilty."

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Contact: Assistant District Attorney Robert A. Welsh III

RE: Appeals Court affirms Rape Conviction of Anthony T. Piver

August 14, 2006

District Attorney Michael O'Keefe announced today that the Massachusetts Appeals Court affirmed the Rape conviction of Anthony Piver, formerly of Brockton, MA. The charge arose from the abduction of a twenty-year old woman as she entered her car at the Cape Cod Mall parking lot in 1987.

The victim was forced to drive to a wooded area in Yarmouth where she was raped. The case was the first CODIS (DNA Database) case tried in Barnstable County. The defendant was convicted in May, 2005, and received a 12-15 year State prison sentence. The Appeals Court rejected defense arguments regarding the Judge's instructions to the jury and the statute of limitations.

"The DNA database was instrumental in solving a case which would otherwise have gone unsolved. I am happy the victim received some justice in this case," said Assistant District Attorney Robert A. Welsh III, the trial prosecutor in the case. The Appeal was handled by Assistant District Attorney Julia Holler.

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Contact: Assistant District Attorney Sharon J. Thibeault

RE: Commonwealth v. Everett Connolly

August 4, 2006

Cape and Islands District Attorney Michael O'Keefe announced today that Everett Connolly of Jamaica, residing in Harwich, Massachusetts, was convicted by a Barnstable County Superior Court jury of Trafficking and Distribution of Cocaine.

After a three day jury trial Everett Connolly was sentenced to 12 years to 15 years committed to the Massachusetts Correctional Institution in Cedar Junction on the Trafficking charge, and to 7 years to 10 years committed to the Massachusetts Correctional Institution in Cedar Junction on the Distribution charges to run concurrent with the Trafficking sentence.

The trafficking weight of 124 grams of cocaine was found by a Massachusetts State Police narcotics canine team hidden under the dashboard of Everett Connolly's van, after he was pulled over off of Exit 8 on Rte. 6 on September 9, 2004. Two undercover purchases of crack cocaine in Harwich in late August of 2004 were the basis for the warrants for Everett Connolly's arrest which led to the stop and the search of the van. Investigators employed the use of a Global Positioning Satellite device (GPS) to monitor his activities culminating in his arrest on a return trip from New York City and after a year long investigation. This was the first time that GPS technology, now available through a special State Police GPS installation team, was used in this manner in the Cape and Islands District.

The case was prosecuted by Assistant District Attorney Sharon J. Thibeault and investigated by members of the Massachusetts State Police and the Harwich Police Department assigned to the Cape Cod & Islands Drug Task Force.

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Contact: J. Thomas Kirkman, Assistant District Attorney

Date: July 19, 2006

SUPREME JUDICAL COURT AFFIRMS CONVICTIONS OF EDWARD MARTIN FOR ASSAULT WITH INTENT TO RAPE A CHILD; ASSAULT WITH INTENT TO KIDNAP; AND ASSAULT AND BATTERY

District Attorney Michael D. O'Keefe announced today that the Massachusetts Supreme Judicial Court has affirmed the conviction of Edward Martin for assault with intent to rape a child; assault with intent to kidnap; and assault and battery all involving a fifteen year old girl in Yarmouth, Massachusetts on July 20, 1994. The charges arose at noontime on July 20, 1994, the fifteen year old victim left the beach in Yarmouth to return to her grandparents' house. As she walked along a dirt road that leads from the beach, she saw a man about ten feet away from her. Shortly thereafter, she was grabbed from behind and thrown to the ground on her back. She screamed as the attacker hit her in the face numerous times. He told her to "shut up" and tried to drag her into a bog area that bordered the path. The approach of another person caused the assailant to flee into the bog. The attack lasted approximately three minutes, during which time the victim had a "full frontal view" of her attacker's face. The Yarmouth police responded and found a "shaken and upset" victim with an apparent injury below one eye. After getting a description from the victim of her assailant, the police spent the next four days with the victim driving her around the mid-Cape area looking for the assailant. Finally, on July 25, 2004, the victim's father notified the police that he had found a suspect in Hyannis. The police took the victim to the place where her father had seen the defendant and she identified the defendant as her assailant. He was arrested and charged, but his first trial resulted in a mistrial in June, 1996, because of the defendant's misbehavior in the courtroom. He was found not competent to stand trial until 2001.

On August 15, 2001, a Superior Court jury found the defendant not guilty of assault with intent to murder, but found the defendant guilty of assault with intent to rape a child; assault with intent to kidnap; and assault and battery. He was sentenced to serve nine to ten years in state prison on one charge and ten years probation on the other charges. The Appeals Court overturned the convictions on the grounds that the process by which the victim identified the defendant was unfairly suggestive and therefore violated the defendant's rights under the federal and state constitutions. The District Attorney's office appealed to the Supreme Judicial Court which led to today's decision that reversed the Appeals Court's decision and reinstated the defendant's convictions. The Supreme Judicial Court held that the defendant's constitutional rights were not violated by the manner by which the victim identified the defendant.

Assistant District Attorney Peter Lloyd prosecuted the case at trial. Assistant District Attorney J. Thomas Kirkman briefed and argued the appeals for the Commonwealth.

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Contact:   District Attorney Michael O'Keefe

RE:      Falmouth Murder     

June 7, 2006

            District Attorney Michael O'Keefe and Chief David Cusolito of the Falmouth Police Department announced today the arrest of Robin Casali (DOB: 2/6/66) of 105 John Parker Road, East Falmouth, for the murder of Winifred Moniz, Age 73, of 111 John Parker Road, East Falmouth.

            Ms. Casali was arrested yesterday for drug charges.   She was arraigned this morning at Falmouth District Court on those charges and a murder charge, as well as a count of breaking and entering in the daytime with the intent to commit a felony, to wit:   robbery.

            The defendant is related by marriage to the victim and lived next door.  

           

            The defendant was held without bail this morning and the case remains under investigation by the Falmouth Police and the Massachusetts State Police Detectives assigned to the District Attorney's office.

                                                                      

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Contact:   District Attorney Michael O'Keefe

RE:   Falmouth Investigation                       

June 5, 2006

District Attorney Michael O'Keefe and Falmouth Police Chief David Cusolito today announced that at approximately 10:34 a.m. Police and Rescue units were called to 111 John Parker Road in East Falmouth as a result of a 911 call placed by a family member.

Police and Rescue units responded and transported Winifred Moniz DOB 10/9/32 to the Falmouth Hospital where she was pronounced dead.   A full autopsy will be performed by the Medical Examiner's Office in Boston.

The matter is being investigated as a criminal act perpetrated by another.

The case is under investigation by Falmouth Police and the State Police Detective Unit assigned to the District Attorney's Office.

                                                                      

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Contact:   District Attorney Michael O'Keefe

RE:   Cape Prosecutor Named Prosecutor of the Year                  

March 30, 2006

District Attorney Michael O'Keefe announced today that First Assistant District Attorney Michael Trudeau was recognized as Prosecutor of the Year by the Massachusetts District Attorneys' Association at the 12 th Annual Prosecutors' Conference at the Seaport Hotel in Boston

on March 30 th .

                                   

Michael Trudeau is a graduate of Northeastern University and Suffolk University Law School.

Mr. Trudeau joined the District Attorney's office in 1988 and began prosecuting criminal cases for the Commonwealth in the District Courts. His hard work in the courtroom earned him the MADD Prosecutor of the Year Award in 1993. Shortly, thereafter, he became the Chief Prosecutor of the District Courts where he was responsible for the oversight and management of all Cape & Islands District Courts. As Chief of the District Courts, he was nominated to attend the career prosecutor's course sponsored by the National College of District Attorneys.

Mr. Trudeau was promoted to the Superior Court in 1995 where he was assigned to prosecute major felonies including narcotics trafficking, kidnapping, rape, and homicide. During his eighteen years as an Assistant District Attorney, Mr. Trudeau has been on the faculty and a presenter for a number of training seminars and conferences.

In 2000 Mr. Trudeau was appointed by the Governor to the Southeast Regional Committee of the Judicial Nominating Council for a two-year term.

In 2002, Mr. Trudeau was appointed First Assistant District Attorney by District Attorney Michael O'Keefe.   As First Assistant, he continues to carry a caseload of murders, rapes and other major felonies in conjunction with the responsibility for oversight of the day to day operations of the

PRESS RELEASE

Contact:   District Attorney Michael O'Keefe

Cape & Islands District

508-362-8113

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RE:   Cape Prosecutor Named Prosecutor of the Year

District Attorney's office including the supervision of investigations, press and media relations, communication with law enforcement officials and community outreach.

Among his many duties, Mr. Trudeau has been the Chief of the Civil Rights Division since 1990.    Mr. Trudeau lives on Cape Cod in Harwich with his wife and two sons. He lends his time as a coach and volunteer for a number of youth and civic associations.

            Upon acceptance of this award, Mr. Trudeau states:   "I am truly honored to have been selected by the District Attorneys to receive this award.   Being a prosecutor is a career that I love.   I feel fortunate to be doing a job that makes a difference."

            District Attorney O'Keefe stated :   "I am very proud of Mike and very gratified that his service over many years to the people of Cape Cod and the Commonwealth has been recognized by his colleagues."

            District Attorney O'Keefe also stated that Tara Miltimore of Orleans, the Chief District Court Prosecutor was also recognized at the State-wide convention for her service.

                       

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