[Music. Shot of the John Adams Courthouse with onscreen text that says, "Judicial Independence in Massachusetts: Bail"]
[Onscreen text that says, "Commonwealth v. Eileen Krauss"]
[Interior of a courtroom.]
Court officer: Court all rise, please stand.
[Everyone in the courtroom stands as Judge Tracy-Lee Lyons enters and sits.]
Court officer: Thank you. The Honorable Justice is present, you may be seated and remain quiet.
[Everyone else sits.]
Clerk: Commonwealth versus Eileen Krauss, 18CR765.
Judge Lyons: Good morning, counsel.
[District Attorney stands.]
District Attorney: Good morning, Your Honor.
Defense attorney: Good morning, Judge.
[Onscreen text that says, "Hon. Tracy-Lee Lyons, Justice, Boston Municipal Court"]
Judge Lyons: The defendant having been arraigned earlier today, the court will hear from counsel with regards to bail. Commonwealth?
District Attorney: Thank you, Your Honor. The Commonwealth does have a request for bail in this matter. It would be asking the court to impose a bail in the amount of $5,000 cash. We'd ask the court to consider the following conditions of release, a stayaway no contact order with respect to the victim in this matter, that the defendant remain drug and alcohol free with random screens, that the defendant maintain any mental health treatment and sign all releases with probation, and lastly, that the defendant comply with any DCF orders.
The allegations before the Court are the following, Your Honor. On December 25th of 2018, Ms. Krauss was present at home with Mr. Bob Cook, the victim in this matter. Ms. Krauss was in a relationship and living with Mr. Cook for approximately ten months at that time and they were present on Christmas Day with Ms. Krauss' daughter, as well, who is 1 year old. At approximately noon time or sometime after that, Ms. Krauss received a text message from her daughter's father, Mr. Elliot Beardsley. Ms. Krauss indicated that Mr. Beardsley wanted to come by the home to give a gift to their daughter and Ms. Krauss responded by text message something to the effect of you being here on Christmas will be gift enough for our little angel.
Ms. Krauss put the phone down and went to check on her daughter, who was in a bedroom, and, at that time, Mr. Cook picked up Ms. Krauss' phone and saw the text chain between Ms. Krauss and Mr. Beardsley. Mr. Cook believed that there was something more to these particular text messages and he went into the bedroom where Ms. Krauss was present, as well as the 1 year old daughter, and confronted Ms. Krauss and accused her of having an affair with Mr. Beardsley.
Ms. Krauss indicated that she was shocked at this accusation and the two parties began to scream at each other. Mr. Cook grabbed Ms. Krauss' arm and this escalated into somewhat of a mutual pushing and shoving match between the two individuals. At this point, Mr. Cook disengaged and turned away from Ms. Krauss. When he returned and faced Ms. Krauss again, she was armed at this point with a pair of scissors, which she used to slash Mr. Cook across the face, resulting in severe disfigurement and an injury to his face.
At this point, Mr. Cook left the home. A neighbor saw him fleeing from the house and bleeding profusely and at this point contacted 9-1-1. Police did arrive and arrest Ms. Krauss at the home at that particular time and Mr. Cook was transported to the hospital.
We had an opportunity to speak to his family, who indicated that Mr. Cook is still present at the hospital and that he did receive over 20 stitches as a result of the injuries sustained from Ms. Krauss.
The Commonwealth's request for bail is based on these obviously very serious allegations, but additionally, based on Ms. Krauss' Board of Probation record. Notably, your Honor, Ms. Krauss is on probation at this time, a two year probationary period that was a result of an incident in 2017 and a conviction for assault and battery, that incident involving Mr. Beardsley, who is the father of Ms. Krauss' 1 year old daughter, Sara.
Additionally, Ms. Krauss has two prior convictions on her record, and I would note that she has defaulted in the past on her record as well. The Commonwealth believes that based on the potential penalty that she's facing on these particular cases, although being cognizant of Ms. Krauss' record, these allegations are serious and she does have the potential of facing state time on this case. And, furthermore, we had an opportunity to learn through the victim's family that Ms. Krauss does have some issues and struggles with substance abuse and additionally, mental health, and so the Commonwealth believes that this bail is necessary to ensure Ms. Krauss' return on this particular case and for all those reasons, again, we would be asking for a $5,000 cash bail.
Judge Lyons: Thank you, counsel. Probation, may I see Ms. Krauss' record?
[Probation officer hands the record to Judge Lyons.]
Judge Lyons: Thank you. Thank you, counsel. [To the defense attorney] Counsel, I'll hear from you.
Defense attorney: Thank you, Judge. Pursuant to Massachusetts General Laws, Chapter 276, Section 58, the Bail Statute, I am requesting that this court set bail in a cash amount of $250. The Bail Statute, of course, gives this court the fact as it shall consider when setting the appropriate amount of bail. Consistent with those factors, I provide you with the following information.
My client is 25 years old. She was born, raised, and educated in Malden, Massachusetts. In the year 2011, she graduated from Malden High School. Upon completion and following graduation, she maintained gainful employment, she was able to work and provide for herself. Unfortunately, approximately three years ago, mental health issues and substance abuse related issues made work simply too difficult. Thereafter, she did receive a dual diagnosis of a generalized anxiety disorder and a heroin addiction.
I should put out to the court that presently, she does take lawfully prescribed methadone through a doctor and she has been able to manage her addiction related issues.
Now, this court has to consider the nature and circumstances of the offense. What I point out to you is that this was Christmas Day. My client was home at her apartment with her 1 year old daughter, Sara, and her boyfriend, Bob Cook. Things were going as they should be going. My client was doing what she should be doing. She was celebrating the Christmas holiday. At some point in that morning, there were texts exchanged between my client and an Elliot Beardsley. Mr. Beardsley is the father of their daughter, Sara. Mr. Cook, the alleged victim in this case and known for his jealously, took it upon himself to go through my client's phone.
When he read the texts exchanged between the two of them, he misinterpreted them. After he saw those texts, it was Mr. Cook that followed my client into the bedroom. It was Mr. Cook that confronted my client. It was Mr. Cook that started the verbal argument and importantly, it was Mr. Cook that was responsible for this verbal argument escalating into a physical altercation.
Mr. Cook, according to the report, was the physical aggressor in this case. Now, that should suggest to this court that my client, with her generalized anxiety diagnosis, coupled with Mr. Cook's actions, has a very viable and strong, affirmative defense of self-defense. If you look at my client's Board of Probation record, it is minimal. She has several convictions for what amounted to be petty theft crimes. She is on probation, but according to my review of the record, there has never been a failure to appear for that court case or for the probation matter, and this would be her first alleged violation of probation.
Finally, this court's well aware with the Supreme Judicial Court's recent Brangan decision, not only shall you consider my client's financial status, it should be a point of emphasis. So, whereas the government's $5,000 request for bail may be reasonable for some defendants or for a certain class of defendants, for my client, it would be unfair, it would be unconstitutional, and it certainly would result in my client being detained pending trial, a result that Brangan certainly seeks to avoid.
My client, after her dual diagnosis, was put on SSDI. She's been on SSDI for the last two years. The only other income she derives at all is a limited amount of help she receives from Mr. Cook to help pay for Sara, the 1 year old daughter, and for rent, utilities, and food.
So, given her strong ties to the community, given her viable defenses in this case, given what I would suggest to you as a very minimal record, and given her financial status, I suggest that $250 is the fair amount for this court to set.
Judge Lyons: Thank you, Council. The court will take into consideration the arguments by both the Commonwealth and the defense.
[Judge Lyons turns to and points at the camera.]
Judge Lyons: Now, you 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."]