[ Music. Image of the John Adams Courthouse with onscreen text that says, "Judicial Independence in Massachusetts: Bail"]
[Onscreen text that says, 'Commonwealth v. Alan Sharpe"]
[Interior of a courtroom.]
Court Officer: Court, all rise. Please stand.
[Everyone in the courtroom stands as Judge Mason enters and is seated. Onscreen text that says, "Hon. Mark Mason, Justice, Superior Court"]
Judge Mason: Good morning.
Attorney: Good morning, your Honor.
Attorney: Good morning, your Honor.
Court Officer: Thank you, you may be seated.
[All parties sit down.]
Clerk: Docket number 18CR952, Commonwealth versus Alan Sharpe.
Judge Mason: Good morning, counsel. Good morning, Mr. Sharpe. It's my understanding that Mr. Sharpe was arraigned earlier this morning. Does the Commonwealth move for bail?
[District Attorney stands.]
District Attorney: Yes, we do, your Honor.
[District Attorney sits down.]
Judge Mason: Is the defense prepared to go forward?
[Defense attorney stands.]
Defense attorney: We are, your Honor.
[Defense attorney sits down.]
Judge Mason: I'm happy to hear from you, sir.
[District Attorney stands.]
District Attorney: Thank you. Your Honor, this case arises out of a motor vehicle incident that took place on January 1st of 2019. The evidence suggests that a little after 7:00 a.m. on that morning, Mr. Sharpe, the defendant, was driving his Ford F-250 pickup truck eastbound on Route 9. As Mr. Sharpe approached the area of the Natick Mall and a traffic light that was located there, he was going in excess of 80 miles an hour, went through the red light without stopping and struck another vehicle being driven by the female victim in this case, Eileen O'Toole. Ms. O'Toole was killed instantly upon impact. Mr. Sharpe was then taken to Newton Wellesley Hospital for the treatment of some minor injuries sustained in the accident where it was determined that he had a blood alcohol level of .30., and as the court knows, that is in excess of three times the legal limit. This is not Mr. Sharpe's only contact with the law regarding OUI, this is his second case. He has a prior conviction for OUI that ended in a probationary term in 2017. His probationary term on that case had only been two months old, or at least had only ended two months prior, when this incident took place. He also has a default history arising out of that very same incident, your Honor, in which he did fail to show up for the first day of trial.
Your Honor, in light of the seriousness and the strength of the case in this instance, as well as Mr. Sharpe's prior OUI history and his default history, the Commonwealth is seeking a $100,000 in cash bail.
Judge Mason: All right, thank you.
[District Attorney sits down.]
Judge Mason: May I please see Mr. Sharpe's record?
[Court employee hands Judge Mason the record.]
Judge Mason: Thank you.
[Judge Mason reviews the record.]
Judge Mason: Counsel, I'm happy to hear from you.
[Defense attorney stands.]
Defense attorney: Thank you, your Honor. In this case, your Honor, Mr. Sharpe has strong ties to the community. I would suggest that in this case, he owns a house in the community, he has his own business in the community, he lives in the house with his mother, for whom he is a caretaker, in the community, and he's a lifelong resident of the community. So I would suggest that he has strong ties to the community, judge. And then I would explain to the court that with respect to his ability to comply with the terms and conditions of release, he has successfully completed the continuance without a finding on two different occasions. So, that demonstrates to the court that he can comply with the terms and conditions of release that the court sets in this case, judge. I think the biggest issue for the Commonwealth is the issue that they don't want a risk to the public by Mr. Sharpe drinking and driving, and I would suggest that this court can solve that by means other than locking Mr. Sharpe up, by ordering that Mr. Sharpe, at his own expense, attach a device to his car that would prevent him, he would have to blow into it, and would prevent him from ever even starting the engine if he had any alcohol in his system whatsoever. I think that's more than sufficient, judge, to protect the public in this case, and I would suggest that a $25,000 cash bail, plus the order of attaching the device to his house, or to his car, is more than sufficient to assure his presence, judge, and I would ask you to consider a $25,000 cash bail.
Judge Mason: Thank you. In reviewing Mr. Sharpe's intake, I note that he owns a small excavation company in Natick, reports an annual income in excess of $200,000, owns his home, as well as two motor vehicles, is that correct?
Defense attorney: It is, your Honor. But the fact that he reports income of $200,000 should not be taken by this court as any indication that he can pay $100,000 cash bail. I've spoken to Mr. Sharpe. He tells me that he has $25,000 available for a bail in this case, your Honor. But the money that he makes has to not only support his business, and enable him to pay his mortgage and support his mother, but it also is money that he has to live, so I would suggest that a $25,000 cash bail is more than sufficient to secure his presence here in court.
[Defense attorney sits down.]
Judge Mason: Thank you very much, counsel. I've taken your arguments into consideration, as well as the law pertaining to bail.
[Judge Mason turns to the camera.]
Judge Mason: Now you
[Judge Mason points at the camera.]
Judge Mason: be the judge.
[ Music. On screen text that says, "Produced by The Massachusetts Trial Court Public Outreach Committee & Suffolk University"]
[On screen text that says, "Executive Producers: Hon. Mark D. Mason & Brian J. McDermott. Director: Chris Dwyer. This production would not have been possible without the support of the Executive Office of the Trial Court. Paula M. Carey, Chief Justice, the Massachusetts Superior Court, the Massachusetts District Court, the Boston Municipal Court and the generous time of the Assistant District Attorneys, attorneys, probation officers, court officers, the Administrative Office of the District Court and the Administrative Office of the Housing Court staff members who appear. For general questions regarding bail in Massachusetts, please contact Catherine M. Coughlin, Esq., Massachusetts State Bail Administrator, (617) 788-7312. The characters and events depicted in this video are entirely fictitious. Any similarity to actual events or persons, living or dead, is purely coincidental."]