Three Felonies A Day: How the Feds Target the Innocent.
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Swomley & Associates News
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Patrick I. Powell
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Written by Michelle Laczkoski, Milford Daily News
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06.07.2009 : Sun |
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WORCESTER — New evidence emerged yesterday in the murder trial against Patrick Powell, causing a judge to suspend testimony for the day.
Under cross-examination, state Trooper Craig Brabham presented a written statement from Rachel Columbo. Neither defense attorney John G. Swomley nor prosecutor Eduardo Velazquez had seen the statement from Daniel Columbo's younger sister.
"I believe I am prejudiced in this trial by virtue of not receiving this document," Swomley told Judge John McCann.
Powell, 19, is charged with fatally stabbing Columbo during a street fight in 2006.
On the eighth day of testimony, McCann said he wouldn't allow for the case to be dismissed, but gave lawyers the rest of the day to compare evidence and witness statements.
"We have to move the ball forward," McCann said.
Rachel Columbo's written statement surfaced as Swomley questioned how the trooper interviewed witnesses. |
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Last Updated ( 06.28.2009 : Sun )
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Patrick I. Powell
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Written by Danielle Ameden, Milford Daily News
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06.04.2009 : Thu |
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 Joshua Phipps testifies at Worcester Superior Court. WORCESTER — Before Daniel Columbo was fatally stabbed in 2006, the four teens charged in the murder were terrified Columbo and his older friends were going to kill them, one of those four testified yesterday. Joshua Phipps said Columbo, 21, and his pals had warned, "Watch your back" and made threats as part of a beef between the groups over some stolen marijuana, a hostage-taking involving a sledgehammer and other problems. "We were all scared, yes, but we didn't talk about it," Phipps, who is charged as an accessory in Columbo's death, told the jury sitting on Patrick Powell's murder trial in Superior Court. "You were scared silly, right?" asked Powell's attorney John G. Swomley. "Correct," replied Phipps, who, like Powell, was 16 when Columbo died. He testified one of Columbo's pals, Jason Hutchinson, at one point had threatened that another, Branden Ruggerio, was going to shoot Powell with a gun. Phipps testified he, Powell, Vinnie Ruscitti and Steven Carvalho had been invited to fight Columbo and his buddies at Fino Field two days before the murder. They had a gun, baseball bat and hammers ready, but chickened out and never showed, although Columbo and his friends may have, he testified. |
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Last Updated ( 06.28.2009 : Sun )
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Patrick I. Powell
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Written by Michelle Laczkoski, Milford Daily News
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06.03.2009 : Wed |
 WORCESTER — Three days before Patrick Powell is alleged to have stabbed Daniel Columbo to death, Powell pointed a .22 caliber rifle at him in a beef over drugs, a former Milford man testified yesterday. Joshua Phipps, charged as an accessory in Columbo's death, said Powell pointed the rifle at Columbo to rescue his friend, Vinnie Ruscitti, who was being held hostage over 10 grams (less than an ounce) of stolen marijuana. Powell's lawyer, John G. Swomley, contends that Ruscitti had tried to steal the marijuana from Jason Hutchinson on Jan. 3, 2006. Powell, who was there at the time, got away while Hutchinson and his father, Gary, and Columbo held Ruscitti hostage with a sledgehammer. Ruscitti was freed when Powell came back and threatened the group with the rifle, Phipps told a Worcester Superior Court jury yesterday. Yesterday, Phipps described the bad blood between his friends and Columbo and his buddies and the events leading up to the slaying. |
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Last Updated ( 06.28.2009 : Sun )
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Bernard F. Baran
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Written by Editorial, Berkshire Eagle
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06.02.2009 : Tue |
Editorial After more than 20 years, the legal system could finally release its grip on Bernard A. Baran. Or, another chapter could be written in this long-running saga. We hope for the former, primarily because Mr. Baran has needlessly suffered enough, but also to close a dark chapter in Berkshire County's legal history.
The decision rests this week with Berkshire District Attorney David Capeless, who could challenge the decision made last month by an appeals court to uphold the overturning of Mr. Baran's conviction for child molestation. He could also pursue a new trial in what is now a quarter-century-old case.
After serving 21 years in jail, Mr. Baran, who was found guilty of molesting five young children at the Early Childhood Center in Pittsfield, was released in 2006 following a ruling by Superior Court Judge Francis R. Fecteau. A state appeals court upheld that ruling, and in doing so took a step past Judge Fecteau's decision that Mr. Baran was victimized by a poor defense. The court placed that poor defense in the context of a poor prosecution, raising the issue of prosecutorial misconduct without reaching a definitive conclusion. |
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Last Updated ( 06.28.2009 : Sun )
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