Press Release  Falmouth Press Release

Cape and Islands District —  

A recent case has received a great deal of erroneous and reckless media coverage.  A father of a juvenile charged in Falmouth District Court was investigated by the Falmouth Police regarding his conduct in the investigation.  As a result, the Falmouth Police applied for a criminal complaint in the Falmouth District Court on 10-7-20.  From court documents it appears the clerk magistrate issued the complaint on 10-13-20 and scheduled the defendant’s arraignment for 12-8-20. 

Since it appears the media is ignorant regarding the criminal process let me explain.  When a person is not arrested on a criminal offense, they are entitled to a private hearing before a Clerk Magistrate.  At such a hearing, the Clerk Magistrate’s primary role is to determine whether probable cause exists to issue the criminal complaint.  Generally speaking, the District Attorney’s Office plays no role in this process and did not in this case.  The police department, by and through its “police prosecutor” (an employee of the police department bringing the charges and with no affiliation with the District Attorney’s Office) present their case to the Magistrate.   The accused may challenge the evidence against them by way of cross examination or by presenting their own evidence.   If the Clerk determines there is probable cause to issue the complaint, then the matter is scheduled for arraignment.  At that time the District Attorney’s Office prosecutes the case. 

However, prior to the 12-8-20 arraignment, court records further indicate that the putative defendant’s attorney requested a magistrates hearing.   A magistrates hearing was scheduled and held on 12-22-20. The complaint did not issue. 

 On 1-25-21, the Falmouth Police filed a new application for complaint. That complaint issued without hearing. The matter is scheduled for arraignment on 3-9-21.

Questions as to why the Falmouth District Court denied a complaint on 12-22-20 and issued a complaint on 1-25-21,  should be directed to the Falmouth District Court not the District Attorney’s Office as the District Attorney’s Office was not involved in any of those proceedings. 

District Attorney O’Keefe said, “The media and letter writers would be well advised to ascertain the facts before misinforming the public.”  

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