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.

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.

PITTSFIELD -- An attorney accused local police officers of unnecessarily assaulting an elderly couple and their daughter while defending the three against charges that they resisted arrest and that the man assaulted a police officer.

The accusations came during opening statements Thursday in the trial of three members of the Simonetta family.

Joseph Simonetta, 70, is charged with disorderly conduct, resisting arrest, and assault and battery of a police officer during the Aug. 14, 2008, incident. Debra Simonetta, 54, is charged with disorderly conduct and resisting arrest. Their daughter, Jolene Simonetta, 28, is charged with disorderly conduct.

The incident occurred when the Simonettas resisted turning their grandchild over to the state.

The defense contends that two workers from the Department of Children and Families refused to produce official documentation that gave them the right to take custody of the 2-year-old girl.

Prosecutors assert that whatever instigated the situation, the Simonettas refused to comply with lawful orders from police officers, resisted arrest and that Joseph Simonetta attacked an officer when he tried to enter the Simonetta home. So far in the trial, the prosecution has not had the opportunity to address the defense's accusations.

PITTSFIELD -- Three members of a local family will go on trial starting today on charges of disorderly conduct, resisting arrest, and assault and battery of a police officer.

The Simonetta family's defense attorney, John G. Swomley, contended during a pretrial hearing Tuesday that they were resisting what they perceived as the unauthorized taking of their grandchild from their custody.

During the hearing, Berkshire Assistant District Attorney Joseph A. Pieropan asked District Court Judge James B. McElroy to block any testimony relating to the custody dispute over the then 2-year-old girl. He argued it is irrelevant to the actions of the Simonettas after the police arrived on the scene.

On Aug. 14, 2008, employees of the Massachusetts Department of Children and Families, or DCF, went to the Simonetta home on West Housatonic Street to take custody of the child from the maternal grandparents. The reason why the DCF was seeking custody of the child was not addressed during Tuesday's hearing, but the child's paternal grandparents were awarded custody the next day.

McElroy did not rule on blocking the custody dispute testimony, and reserved the right to make that decision during the trial.