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News UPDATE: Commonwealth v. Kevin S. Fowler.

7/17/2019
  • Cape and Islands District Attorney's Office

Media Contact for UPDATE: Commonwealth v. Kevin S. Fowler.

Michael O'Keefe, District Attorney

            Cape & Islands District Attorney Michael O’Keefe announced today a nolle prosequi has been filed in the case of Commonwealth v. Kevin S. Fowler.  See below

            On July 8, 2019 at a hearing in Nantucket District Court Judge Thomas S. Barrett appointed Attorney Jenny Margeson to represent the complaining witness regarding his Fifth Amendment right against self-incrimination. The proceeding was suspended after the judge, in a colloquy with the complaining witness and counsel, found that the complaining witness had a valid claim of the right.

            On Sunday July 14, 2019 the complaining witness, family members, and the attorney for the complaining witness, met in the District Attorney’s office to further review the case in light of the development. The complaining witness was informed that if he chose to continue to invoke his Fifth Amendment right, the case would not be able to go forward. After a further period of reflection privately with his lawyer, the complaining witness elected not to waive his right under the Fifth Amendment.

            The complaining witness was further instructed that the only remaining avenue to continue the prosecution, since grants of immunity may not be made in district court, would be to indict the defendant, immunize the complaining witness and force his testimony.  This procedure has several infirmities. One, a defendant cannot be convicted on the uncorroborated testimony of an immunized witness. It is the second consideration that is more concerning. A grant of immunity compromises the witness to a degree which, in a case where the credibility of the witness is paramount, makes the further prosecution untenable.

            As a consequence the Commonwealth has entered a nolle prosequi of the case.

 

________________________________________________________________________________________________

 

                                                                     COMMONWEALTH OF MASSACHUSETTS

 

Nantucket, ss                                                              Nantucket District Court

                                                                                    Docket No. 1888CR000598

____________________________________

Commonwealth                                                                              

vs.                                                                                       Nolle Prosequi

Kevin S. Fowler                                                      

___________________________________

 

Now comes the Commonwealth, by and through its District Attorney, Michael O’Keefe, and hereby files a Nolle Prosequi in the above matter due to the unavailability of the complaining witness.   

 

Respectfully Submitted,

 

______________________________

Michael O’Keefe

District Attorney

 

Dated:  July 17, 2019

 

 

Media Contact for UPDATE: Commonwealth v. Kevin S. Fowler.

Cape and Islands District Attorney's Office 

Thank you for visiting the website for the Cape & Islands District Attorney's Office. It has been my distinct pleasure to serve the people of the Cape & Islands as District Attorney since January, 2003. Our Office prosecutes over 15,000 criminal cases every year. The dedicated and professional prosecutors and support staff members who work in this Office are here to serve the public, and seek justice in an aggressive and fair manner on behalf of the victims of crime. We see ourselves as problem-solvers, not merely as case-processors. Again, thank you for visiting our website. If you have any concerns, not addressed here, or need to contact us, please feel free to call at (508) 362-8113.

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