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PRESS RELEASES
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.
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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.
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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.
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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.
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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.
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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.
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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.
# # #
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.
# # #
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.
# # #
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.
# # #
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."
# # #
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.
# # #
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.
# # #
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.
# # #
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.
# # #
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.
# # #
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.
# # #
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.# # #
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
# # #
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 ˝ 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.
# # #
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.# # #
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.
# # # 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
Page 2
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.
.