Three Felonies A Day: How the Feds Target the Innocent.
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Swomley & Associates News
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Louis A. Piccone
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Written by Jack Dew, Dolan Media Newswires
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02.08.2010 : Mon |
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BOSTON, MA -- Louis Piccone wants to show lawyers they can make money by suing the Department of Children and Families.
In a sprawling federal lawsuit against seven DCF employees, Piccone is seeking revenge for what he calls a witch hunt that targeted him and his family, ruined his reputation, and ended only when the courts dismissed the charges against him.
"There are such fundamental flaws in the system, and it is such a shocking ordeal for a parent to go through," says the Dalton patent attorney. "I am still in shock that this whole thing occurred, and it has taken up literally two years of our lives. I want to turn that into something positive. I want to show attorneys that this happens every day and try to create some kind of counterbalance that will move the pendulum back to where it should be."
In January 2008, a caller to a DCF hotline reported that Piccone's 3-year-old son had told a day care worker that his father had sexually assaulted him. Within hours, two DCF social workers and a pair of Dalton police officers arrived at Piccone's home.
The DCF asked to interview the boy. Piccone said he would allow an interview only if the DCF videotaped it. A DCF worker allegedly said, "We don't do videotape." |
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Last Updated ( 02.11.2010 : Thu )
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Simonetta family
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Written by Letters - Berkshire Eagle
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01.24.2010 : Sun |
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Letters
Kudos to Judge James McElroy for making the right decision in a case of police and prosecutorial misconduct by dismissing all the charges against the Simonetta family (Eagle, Jan. 12).
As Judge McElroy stated, the failure to follow appropriate and legal discovery procedures by the police and prosecution was so "severely substandard" that he had no choice but to end this farce of a trial. I found it interesting that District Attorney David Capeless, if effect, dismissed McElroy's admonitions by avoiding any blame for his office's serious transgressions, instead attributing the situation to "logistical failures."
Judging by his comments, Mr. Capeless refuses to acknowledge responsibility for his office's ineptitude, or to recognize that the lives of innocent people were seriously jeopardized. The Simonetta family was victimized by state officials, who refused to show identification, and police, who barged into their home without a warrant to take away their grandchild, and assaulted three family members, according to a defense attorney. The police then imposed false criminal charges against family members that could have upended their lives, just for defending home and family. I find it difficult to swallow that Joseph Simonetta, at the age of 70, posed some kind of threat to an armed policemen to the point where he had to be charged with assault and battery of a police officer. According to Mr. Simonetta, the trial would have uncovered more lies.
I wish defense attorney John G. Swomley well in his pursuit of justice for the Simonetta family via civil suit against these authorities, whom he said should "have their noses rubbed in the mess they made, like a bad dog." Aptly said.
RICHARD TO DELMASTO
Pittsfield |
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Last Updated ( 01.26.2010 : Tue )
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Simonetta family
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Written by Scott Stafford, Berkshire Eagle Staff
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01.12.2010 : Tue |
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PITTSFIELD -- District Court Judge James B. McElroy scolded prosecutors and police Monday for what he said was the intentional withholding of evidence in the trial of a family that had resisted turning their grandchild over to state workers in August of 2008.
After the admonishment, McElroy dismissed all charges against the Simonetta family, and one of the family's attorneys vowed legal action.
Joseph Simonetta, 70, had been charged with disorderly conduct, resisting arrest, and assault and battery of a police officer. Debra Simonetta, 54, faced charges of disorderly conduct and resisting arrest. The grandparents' daughter, Jolene Simonetta, 28, had been charged with resisting arrest in the case of her niece.
"The Commonwealth's compliance with Rule 14 [evidence] discovery, and other discovery matters, has been severely substandard, and as a result of that substandard performance, the defense has been hindered and hampered and interfered with for no other reason than gamesmanship," McElroy said.
The Simonettas' defense attorneys had contended that two workers from the Massachusetts Department of Children and Families refused to produce official documentation that gave them the right to take custody of the 2-year-old girl after the girl's mother -- Kelly Simonetta -- had brought the girl to the grandparents' house after an alleged violent episode by the child's father in North Adams. |
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Last Updated ( 01.13.2010 : Wed )
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Simonetta family
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Written by Scott Stafford, Berkshire Eagle Staff
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01.08.2010 : Fri |
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PITTSFIELD -- The trial of three family members accused of resisting arrest was put on hold Friday after a police officer revealed that he had not submitted documentation relating to the use of force during the August 2008 incident.
Berkshire District Court Judge James B. McElroy halted testimony on Friday, dismissed the jury, and entertained a defense motion to dismiss the charges against members of the Simonetta family because the prosecution violated the rules of evidence discovery.
Friday’s revelation came as Officer Thomas Barber was testifying about his role in the Aug. 14 incident, during which the Simonettas resisted turning their grandchild over to the state.
Officer was allegedly attacked
Joseph Simonetta, 70, is charged with disorderly conduct, resisting arrest, and assault and battery of a police officer. Debra Simonetta, 54, is charged with disorderly conduct and resisting arrest. Their daughter, Jolene Simonetta, 28, is charged with resisting arrest.
Prosecutors allege that Joseph Simonetta assaulted an officer as he tried to enter the Simonetta home. |
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Last Updated ( 01.10.2010 : Sun )
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