WAREHAM — A judge has ordered home confinement, GPS monitoring and alcohol testing for Carlos J. Owen Jr., a five-time OUI offender arrested Christmas Eve on charges of driving drunk and injuring three people after crashing into their vehicle on Cranberry Highway.
Owen, 51, will only be allowed to leave his Bourne home to go to work. His son will have to drive him to and from work as Owen’s driver’s license was revoked for life this week by the Registry of Motor Vehicles.
During a dangerousness hearing Thursday in Wareham District Court, Assistant District Attorney Catherine Ham asked Judge Beverly J. Cannone to hold Owen without bail for 90 days as the dangerousness statute allows.
Ham said Owen’s five prior drunken driving conditions and his initial denials last week to police that he was involved in an accident demonstrated that bail and release conditions were not enough to ensure the community’s safety.
“He will endanger the safety of others if he is out,” Ham said.
Defense lawyer Jack Atwood asked for a “modest” bail, and highlighted testimony Thursday from Owen’s son that the defendant always reports to work on time and sober.
Cannone ordered Owen to home confinement with GPS monitoring, and allowed him to leave his house from 6:45 a.m. to 5:30 p.m. during the week to go to work.
Owen, who owns a painting business and works with his son, must also provide the court with his weekly work schedule and can only leave his house during the weekends for work. He also cannot drink alcohol and will be tested regularly at home with a breathalyzer connected to the Probation Department’s computer system.
Owen’s son, Jarrod Shiek, said Thursday that until recently he had not known how many prior drunken driving offenses his father had. Shiek said he had seen his father drink on occasion, but never heavily, and that he had never shown up to work drunk.
“He drinks, but I didn’t see it as a problem,” Shiek said. “I’ve never seen him go out and get smashed.”
According to court records, Owen’s five prior convictions for drunken driving occurred in 1977, 1980, 1985, 1993 and 2002.
Owen’s driving history shows a two-year revocation of his license, along with two lengthy suspensions. His license was revoked from 2003 to 2005 after his fifth conviction, and was reinstated in March 2005.
The registry also suspended Owen’s license for 120 days in 1993 and again in 2002 for refusing to take an alcohol test, according to his driving history.
On Dec. 24, just after 8:30 p.m., Wareham police received a report of a crash at the intersection of Cranberry Highway and Elm Street. Witnesses said a black Jeep Cherokee rear-ended the victims’ vehicle and took off.
The accident injured three people, including a passenger who was pried from the mangled wreckage and flown by medical helicopter to Massachusetts General Hospital in Boston. He was released on Christmas Day.
Wareham Police Sgt. Kevin Walsh found the Jeep Cherokee at the Mill Pond Diner parking lot and saw Owen walking from behind the diner. Walsh said Owen smelled of alcohol and his speech was slurred. Walsh said Owen at first denied driving the Cherokee, but then said: “Okay, I’ll tell the truth. I just came from the bar down the street. I was driving.”
Wareham Police Officer Karl Baptiste said Owen told him he had drank four to six beers prior to getting behind the wheel. Baptiste said Owen failed a field sobriety test because he was swaying, smelled of alcohol and could not say the alphabet. Owen later refused to submit to an alcohol breath test.
Owen is charged with driving while under the influence of alcohol; driving while under the influence of alcohol with serious bodily injury resulting; negligent operation of a motor vehicle; and leaving the scene of an accident after causing serious bodily injury.
Source
Wednesday, April 28, 2010
Thursday, April 15, 2010
The downfall of Galluccio: ex-senator goes to jail, resigns from seat
Cambridge —
Former state Sen. Anthony Galluccio has traded in his tailored garbs and political title for a jailhouse jumpsuit and an inmate number.
The embattled politician from Cambridge has been sentenced to one year in the Middlesex House of Correction in Billerica after failing Breathalyzer tests while undergoing a six-month house arrest in connection with a hit-and-run last October.
The 42-year-old Cambridge resident has since resigned his seat at the State House, announced his intent to appeal the violation, must follow a strict schedule behind bars, and has the potential to lose the pension he has been collecting from his city and state jobs for the past 17 years.
The Senate announced plans for a special election to fill his seat on Wednesday. Senate President Therese Murray has 14 days to set the date.
After six hours of courtroom debate Monday over whether or not Galluccio violated his probation — using toothpaste as his defense — Cambridge District Court Judge Matthew Nestor ruled to revoke his probation.
“He didn’t even last a week,” Nestor said about the probation violation. “I don’t have any reason to believe the [Breathalyzer] machine is not working.”
Galluccio sat expressionless in his chair as a court official placed him in handcuffs.
The career politician, in a dark blue suit and red tie, was immediately taken out of the courtroom as a roomful of reporters, lawyers, public relations representatives, family members and friends looked on.
As for his time in Billerica — where former Middlesex County Register of Probate John Buonomo is also staying after being convicted for stealing his own campaign money and pocketing change from a his taxpayer-funded office — Middlesex Sheriff’s office spokesman Michael Hartigan said Galluccio will most likely be staying in either a 48- or 78-square-foot, double-bunked cell.
“Any inmate goes through a three-day assessment, and will be classified after that as to what section of the facilities [they will be staying],” he said, referring to a number of housing “pods” located inside. Galluccio will also abide by a specific schedule for visitors.
Galluccio announced his resignation Tuesday night from the Middlesex County House of Correction in Billerica, ending his brief career on Beacon Hill.
“My decision today is not out of hopelessness, but rather one of hope and opportunity,” said Galluccio in the letter. “In the end I make this decision out of admiration and respect for each and everyone of my Senate colleagues.”
In the letter, Galluccio also said he would appeal the probation violation in order to maintain his “innocence regarding this violation.”
“I ask that my colleagues support my effort to appeal the recent violation with respect to alcohol on the strongest possible terms. I maintain my innocence regarding this violation. I assure you I have kept faith with the court, the Senate, my family and myself with my decision in early October to eliminate alcohol from my live,” he said.
There’s no word on whether Galluccio will lose his pension, accumulated over 17 1/2 years of city and state work.
Catherine Gropp, a spokesperson for the State Retirement Board, said the agency is actively looking at Galluccio’s case. Currently, Galluccio is not eligible to collect his combined city and state pensions, since the requirements are to be on the books for 20 years or be 55 years of age. Since Galluccio has been sent to jail and charged, the board could revoke his pension.
“The board will make a determination on how it will proceed regarding the [former] Senator’s retirement benefits,” said the board in a statement.
During Monday’s hearing, after analyzing evidence and listening to arguments and testimonies about the reliability of the court-issued Breathalyzer installed in his Trowbridge Street home, Nestor said he had reason to believe the senator consumed alcohol around the time he failed the first test on Dec. 21.
Galluccio was issued six months of home confinement on Dec. 18 after he pleaded guilty to leaving the scene of property damage and personal injury, stemming from a hit-and-run incident Oct. 4 in which a 13-year-old boy was injured.
While attending his court hearing, Galluccio was flanked by two women from the Boston and Washington, D.C.-based public relations powerhouse Rasky Barelein — a firm that provides a variety of services, including working on ballot initiatives and providing “crisis and litigation support.”
Galluccio’s attorney, George Hassett, attempted to convince the judge to avoid any jail time and maintain the senator’s two-year probation.
“He’s a hard-working young man,” Hassett said.
Since the failed Breathalyzer test, Hassett noted that Galluccio took 58 additional tests that came up with a zero reading, indicating no consumption of alcohol.
The prosecution called one witness to the stand — Michael Jacobs, who works at the office of Commission on Probation — and discussed his experience installing “sobrietors” manufactured by BI, including the machine at Galluccio’s home on Dec. 21.
Jacobs said the Breathalyzer device works using voice imprint technology. Jacobs said he made Galluccio repeat the words “America,” “Ohio” and “Blue” repeatedly into the machine so it recognized him.
The first official test came back positive for alcohol consumption — 0.037 blood-alcohol content — a second test did the same, but with a lower test result at 0.033.
Jacobs did not suspect that the senator was intoxicated at the time. Galluccio told him he had only chicken soup, a turkey sandwich and coffee that day, and mentioned that it might have been his Sensodyne toothpaste that set off the Breathalyzer’s results. Galluccio said he brushed his teeth three times before he took the first test that day.
“I explained to him I was not familiar with toothpaste use causing problems with the test,” Jacobs said at the stand.
Witnesses for the defense included Robert Fournier, a legislative aide to Galluccio and senior at Salem State; Sean Thomas Murphy, a good friend of Galluccio’s for the past 25 years; and James Demetropoulos, a friend of Galluccio’s for 15 years and owner of Mamagoos Pizza in Fresh Pond. Galluccio said they all came to visit him at his home between Dec. 18 and 21.
They all testified that they did not see Galluccio drink in their presence.
When Galluccio took the stand, he repeatedly stated he has not been under the influence since his probation.
“I had no idea what could have made that machine have that reading. All I know is that I did not ingest any alcohol,” he said in court. “I was very concerned about a record of any elevated or positive reading.”
Hassett weighed heavily on the argument that the Breathalyzer reading produced a “false positive.” He brought in the scientific opinion of Dr. Ernest Lykissa, the director of ExperTox lab in Houston, Texas, that did hair and urine sample tests on Galluccio following probation violation.
Lykissa said tests for “ethyl glucuronide” — an indicator of alcohol consumption — came back negative.
Plymouth County Assistant District Attorney Catherine Ham questioned how much Lykissa was paid by Galluccio, and challenged the validity of his test results.
“No one saw him drink, but the BI Sobrietor is reliable and there is no evidence showing that it is not,” Ham said during closing arguments. “[The decreasing Breathalyzer results on Dec. 21] indicates a body metabolizing alcohol.”
Galluccio is not a stranger to facing intense media scrutiny. In December 2005, he dealt with accusations that he caused a car accident in December 2005 while allegedly driving drunk. The case was later dismissed.
He had been charged with drunken driving twice before. Former Governor Bill Weld pardoned him for a 1984 DUI, before his license was suspended for the same offense in 1997.
Source
Former state Sen. Anthony Galluccio has traded in his tailored garbs and political title for a jailhouse jumpsuit and an inmate number.
The embattled politician from Cambridge has been sentenced to one year in the Middlesex House of Correction in Billerica after failing Breathalyzer tests while undergoing a six-month house arrest in connection with a hit-and-run last October.
The 42-year-old Cambridge resident has since resigned his seat at the State House, announced his intent to appeal the violation, must follow a strict schedule behind bars, and has the potential to lose the pension he has been collecting from his city and state jobs for the past 17 years.
The Senate announced plans for a special election to fill his seat on Wednesday. Senate President Therese Murray has 14 days to set the date.
After six hours of courtroom debate Monday over whether or not Galluccio violated his probation — using toothpaste as his defense — Cambridge District Court Judge Matthew Nestor ruled to revoke his probation.
“He didn’t even last a week,” Nestor said about the probation violation. “I don’t have any reason to believe the [Breathalyzer] machine is not working.”
Galluccio sat expressionless in his chair as a court official placed him in handcuffs.
The career politician, in a dark blue suit and red tie, was immediately taken out of the courtroom as a roomful of reporters, lawyers, public relations representatives, family members and friends looked on.
As for his time in Billerica — where former Middlesex County Register of Probate John Buonomo is also staying after being convicted for stealing his own campaign money and pocketing change from a his taxpayer-funded office — Middlesex Sheriff’s office spokesman Michael Hartigan said Galluccio will most likely be staying in either a 48- or 78-square-foot, double-bunked cell.
“Any inmate goes through a three-day assessment, and will be classified after that as to what section of the facilities [they will be staying],” he said, referring to a number of housing “pods” located inside. Galluccio will also abide by a specific schedule for visitors.
Galluccio announced his resignation Tuesday night from the Middlesex County House of Correction in Billerica, ending his brief career on Beacon Hill.
“My decision today is not out of hopelessness, but rather one of hope and opportunity,” said Galluccio in the letter. “In the end I make this decision out of admiration and respect for each and everyone of my Senate colleagues.”
In the letter, Galluccio also said he would appeal the probation violation in order to maintain his “innocence regarding this violation.”
“I ask that my colleagues support my effort to appeal the recent violation with respect to alcohol on the strongest possible terms. I maintain my innocence regarding this violation. I assure you I have kept faith with the court, the Senate, my family and myself with my decision in early October to eliminate alcohol from my live,” he said.
There’s no word on whether Galluccio will lose his pension, accumulated over 17 1/2 years of city and state work.
Catherine Gropp, a spokesperson for the State Retirement Board, said the agency is actively looking at Galluccio’s case. Currently, Galluccio is not eligible to collect his combined city and state pensions, since the requirements are to be on the books for 20 years or be 55 years of age. Since Galluccio has been sent to jail and charged, the board could revoke his pension.
“The board will make a determination on how it will proceed regarding the [former] Senator’s retirement benefits,” said the board in a statement.
During Monday’s hearing, after analyzing evidence and listening to arguments and testimonies about the reliability of the court-issued Breathalyzer installed in his Trowbridge Street home, Nestor said he had reason to believe the senator consumed alcohol around the time he failed the first test on Dec. 21.
Galluccio was issued six months of home confinement on Dec. 18 after he pleaded guilty to leaving the scene of property damage and personal injury, stemming from a hit-and-run incident Oct. 4 in which a 13-year-old boy was injured.
While attending his court hearing, Galluccio was flanked by two women from the Boston and Washington, D.C.-based public relations powerhouse Rasky Barelein — a firm that provides a variety of services, including working on ballot initiatives and providing “crisis and litigation support.”
Galluccio’s attorney, George Hassett, attempted to convince the judge to avoid any jail time and maintain the senator’s two-year probation.
“He’s a hard-working young man,” Hassett said.
Since the failed Breathalyzer test, Hassett noted that Galluccio took 58 additional tests that came up with a zero reading, indicating no consumption of alcohol.
The prosecution called one witness to the stand — Michael Jacobs, who works at the office of Commission on Probation — and discussed his experience installing “sobrietors” manufactured by BI, including the machine at Galluccio’s home on Dec. 21.
Jacobs said the Breathalyzer device works using voice imprint technology. Jacobs said he made Galluccio repeat the words “America,” “Ohio” and “Blue” repeatedly into the machine so it recognized him.
The first official test came back positive for alcohol consumption — 0.037 blood-alcohol content — a second test did the same, but with a lower test result at 0.033.
Jacobs did not suspect that the senator was intoxicated at the time. Galluccio told him he had only chicken soup, a turkey sandwich and coffee that day, and mentioned that it might have been his Sensodyne toothpaste that set off the Breathalyzer’s results. Galluccio said he brushed his teeth three times before he took the first test that day.
“I explained to him I was not familiar with toothpaste use causing problems with the test,” Jacobs said at the stand.
Witnesses for the defense included Robert Fournier, a legislative aide to Galluccio and senior at Salem State; Sean Thomas Murphy, a good friend of Galluccio’s for the past 25 years; and James Demetropoulos, a friend of Galluccio’s for 15 years and owner of Mamagoos Pizza in Fresh Pond. Galluccio said they all came to visit him at his home between Dec. 18 and 21.
They all testified that they did not see Galluccio drink in their presence.
When Galluccio took the stand, he repeatedly stated he has not been under the influence since his probation.
“I had no idea what could have made that machine have that reading. All I know is that I did not ingest any alcohol,” he said in court. “I was very concerned about a record of any elevated or positive reading.”
Hassett weighed heavily on the argument that the Breathalyzer reading produced a “false positive.” He brought in the scientific opinion of Dr. Ernest Lykissa, the director of ExperTox lab in Houston, Texas, that did hair and urine sample tests on Galluccio following probation violation.
Lykissa said tests for “ethyl glucuronide” — an indicator of alcohol consumption — came back negative.
Plymouth County Assistant District Attorney Catherine Ham questioned how much Lykissa was paid by Galluccio, and challenged the validity of his test results.
“No one saw him drink, but the BI Sobrietor is reliable and there is no evidence showing that it is not,” Ham said during closing arguments. “[The decreasing Breathalyzer results on Dec. 21] indicates a body metabolizing alcohol.”
Galluccio is not a stranger to facing intense media scrutiny. In December 2005, he dealt with accusations that he caused a car accident in December 2005 while allegedly driving drunk. The case was later dismissed.
He had been charged with drunken driving twice before. Former Governor Bill Weld pardoned him for a 1984 DUI, before his license was suspended for the same offense in 1997.
Source
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