Worcester District Court, January, 2010: Client, a 46 year old Worcester woman, was found Not Guilty after a 3 witness jury waived trial on allegations of Assault & Battery Dangerous Weapon. It was alleged that she struck her 16 year old daughter with a broom after the daughter argued that she did not want to be baptized as a Pentecostal Christian. The Judge sitting in Worcester Central District Court found the defendant Not Guilty after he was persuaded by Attorney Cronin that the battery force was justifiable as a method of teaching and discipline authorized by a parent, without intending harm to the child.
Worcester District Court, January, 2010: Client, a 26 year old Worcester woman, charged with Assault & Battery found Not Guilty after 3 witness jury waived trial. Attorney Cronin persuaded a Judge in Worcester Central District court that the victim and witnesses could not identify defendant as the assailant in the melee, and the defendant was thereby found Not Guilty. The Commonwealth also dismissed charges of breaking and entering in the nighttime and malicious destruction of property.
Worcester District Court, January, 2010: Client, a 42 year old Roxbury man, has 5 of 7 charges dismissed, pleading guilty to 90 days in the House of Correction, credit 90 days served while held on bail on a charge of Receiving a Stolen Motor Vehicle. Defendant was released from Massachusetts custody, remaining held for the states of New Jersey and New York on Fugitive from Justice complaints.
Worcester District Court, February, 2010: Client, a 20 year old New Hampshire man was a full-time student at Worcester Polytechnic Institute (WPI) charged with a single count of Criminal Harassment upon a fellow student who was his former girlfriend. The case was placed on Pre-Trial Probation status, under G.L.c.276, section 87, with no plea and no finding, to be dismissed in 9 months upon compliance with anger management counseling and stay away order. The defendant with no prior record will be permitted to return to school in January of 2011, remaining with no record of conviction, as the charges will be dismissed.
Worcester District Court, February, 2010: Client, a 22 year old Worcester man was charged with 3rd Offense Cocaine Distribution and School Zone Distribution of Cocaine, facing a minimum mandatory 7 year state prison sentence. Defendant had previously served a 2 year committed House sentence for the same offense conviction. Attorney Cronin persuaded the prosecution that warrantless search issues if brought before the court on a motion to suppress, might yield no conviction. The Commonwealth agreed to a sentence of 1 year to the House of Corrections, committed, credit 2 months served.
Ayer District Court, December, 2009: Client, a 21 year old Lunenburg man was charged with Operating Under the Influence of Alcohol, first offense, after having being stopped for speeding by the Townsend Police. Attorney Cronin’s Motion in Limine to exclude from evidence the marijuana found on his client was allowed, as the small amount was only the subject of a civil citation and the substance was never tested and confirmed to be a controlled substance. The defense stipulated to the elements of public way and operation, but disputed that consumption of alcohol diminished the defendant’s capacity to operate a vehicle on the night in question. The defendant testified that he had 3 beers prior to driving and did not have an impaired ability to operate. After only 10 minutes of deliberation, a jury of six found the defendant not guilty after a three witness trial before Judge Peter Kilmartin.
Worcester District Court, December, 2009: Client, a 41 year old Worcester woman was charged in 1994 with Assault & Battery with a Dangerous Weapon and Breaking & Entering in the nighttime. The client was in default for 15 years, and after retaining Attorney Cronin, had the default removed and warrant recalled. After two court appearances the charges were dismissed at the request of the Commonwealth.
Worcester District Court, November, 2009: Client, a 34 year old Worcester woman was charged with Assault & Battery upon her former sister-in-law, who showed no physical sign of injury and declined medical treatment at the scene of arrest. Attorney Cronin was able to persuade the prosecution to dismiss the case on the scheduled jury trial date, based upon the defense of self-defense, the fact that the client had no prior criminal record and the Court’s acceptance of the Accord & Satisfaction settlement agreement reached between the parties.
Worcester District Court, November, 2009: Client, a 25 year old Worcester man was charged with felony Unarmed Robbery of a liquor store, an offense potentially punishable by imprisonment in the state prison for life. The prosecution agreed to reduce the charge to misdemeanor Larceny Under $250.00, and upon the defendant’s admission, the Commonwealth recommended 9 months committed to the House of Correction. Attorney Cronin persuaded the Court to adopt the defendant’s sentencing recommendation and he was sentenced to 4 months in the House of Corrections with credit for time served.
Worcester District Court, November, 2009: Defendant, a 32 year old Worcester man was charged with violating his Level III probation, based upon urine samples testing positive for drugs and failure to comply with the terms of his probation. Defendant suffered from bipolar and schizo-affective disorder and was recently released from an inpatient drug treatment facility, where he addressed the dangers of mixing prescription drugs with alcohol and illicit drugs. Instead of imposing a 2 year suspended House of Correction sentence, Attorney Cronin persuaded the Court to terminate probation unfavorably, and the defendant was discharged and released from the terms of Level III probation.
Worcester District Court, November, 2009: Defendant, a 30 year old Worcester woman, was charged with Threatening to Commit a Crime, to wit: Assault & Battery. Attorney Cronin persuaded the prosecution to dismiss the charges upon the defendant’s payment of $100.00 in court costs.
Worcester District Court, November, 2009: Defendant, a 32 year old Worcester man was charged with Domestic Assault & Battery upon his live-in girlfriend. At a three witness jury waived trial, the alleged victim testified under Attorney Cronin’s cross-examination that the defendant, “kind of pushed” her, but was unsure what part of his body made contact with her. She also admitted that she had initiated the argument by throwing items at him. The defendant testified and denied that he ever touched the alleged victim. The Judge, sitting without a jury, found the defendant not guilty and he was discharged from the allegations.
Worcester District Court, October, 2009: Defendant, a Maryland resident, retained Attorney Cronin to vacate a 2002 default warrant on unresolved charges of shoplifting, providing a false name upon arrest and using a false liquor ID. Defendant was a citizen of Ghana and her application for green card was pending. A conviction would have potential immigration consequences, including deportation, denial of naturalization as a U.S. citizen, or exclusion from citizenship. Attorney Cronin argued that the defendant was married to a U.S. citizen, her two children were U.S. citizens and that since 2002 she had become a gainfully employed full-time certified nurse’s assistant. The Court was persuaded to dismiss all charges upon her payment of $200.00 in Court costs.
Worcester District Court, October, 2009: Client, a 49 year old Worcester woman, was charged with being a disorderly person, and Lewd, Wanton and Lascivious Conduct. It was alleged that she had engaged in public sex acts with a male co-defendant. Attorney Cronin was able to persuade the prosecution that it was impossible to observe the complained of conduct from the stated look-out observation place and the case was dismissed. The client was thereby spared the requirement if convicted of registration as a sex offender under Massachusetts law.
Worcester District Court, October, 2009: Client, a 21 year old Worcester man was charged with felony Armed Carjacking and Assault by Dangerous Weapon. Attorney Cronin persuaded the prosecution that his client was extremely inebriated, and as a drunken passenger in the vehicle, was not an active participant in the alleged joint venture. The felony was then amended to misdemeanor Larceny, keeping jurisdiction within the District Court (without proceeding to the Grand Jury or Superior Court) and the client plead to a term of supervised probation.
Worcester District Court, October, 2009: Client, a 35 year old Leominster woman, was charged with Identity Theft, in violation of G.L. c. 266 section 37E. Attorney Cronin persuaded the judge to dismiss the charge where there was no evidence that the defendant had posed as another person with an intent to defraud.
Worcester District Court, September, 2009: Client, a 31 year old Worcester woman, was arrested at her boyfriend’s apartment where a search warrant was executed, yielding 41 grams of cocaine. Attorney Cronin was able to demonstrate to the Court that his client was merely present and was not a target in the search warrant affidavit. Charges of Cocaine Trafficking (calling for a 5 year minimum mandatory sentence) and Distribution of Cocaine in a School Zone (calling for a 2 ½ years in the House of Correction, from and after the 5 year sentence) were dismissed at the request of the Commonwealth, with the grateful consent of the defendant.
Worcester Superior Court, August, 2009: Client, a 38 year old Fitchburg woman, was previously convicted and placed on supervised probation for White Collar Embezzlement and Conspiracy, as a joint venture participant in stealing over $500,000.00 from her former employer. While on probation she was newly arrested and charged with Operating Under the Influence of Intoxicating Liquors in the Fitchburg District Court, and she was acquitted after trial on this new charge. In a contested probation violation hearing in Worcester Superior Court, the Judge chose not to impose probation’s recommended 2 ½ year House of Correction sentence, and instead extended the client’s Level III probation, conditioned on her successful completion of an inpatient sober house for women in Fitchburg.
Worcester District Court, August, 2009: Client, a 19 year old Worcester man, was a passenger in a vehicle stopped by the Massachusetts State Police for defective equipment violations. The police observed a small amount of marijuana on the client’s pants and said that he consented to a search of the glove compartment of the vehicle that he was a passenger in. Attorney Cronin’s Motion to Suppress argued that there was no consent to search and that the warrantless search violated the 4th Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. After 2 scheduled hearings where the arresting officer failed to appear the prosecution agreed to dismiss the charges of Possession of Ammunition without and FID Card.
Worcester District Court, July, 2009: Client, a 29 year old Cotuit woman, was charged with 3 counts of being a common nightwalker, engaging in sex for a fee. She had previously served 1 year in the House of Correction for the same charges. Attorney Cronin successfully persuaded the judge to permit the client to avoid jail by completing a pre-trial intervention program as a condition of pre-trial probation. Upon completion of the program the charges were dismissed.
Worcester District Court, June, 2009: In a case originating from Judge allows defense Motion to Suppress Search of Automobile Trunk, filed by Attorney Cronin, as not pertaining to instrumentalities of any suspected crime, a search conducted in violation of the Fourth Amendment of the United States Constitution and Article 14 of the Massachusetts Declarations of Rights. Firearm Charges Dismissed.
Worcester CDC Jury Trial Session, May, 2009: Client, a 65 year old Paxton man, in a 2 car motor vehicle dispute, was charged with chasing the alleged victim’s car for several miles after a traffic dispute. The elderly defendant had a heart attack upon arrest and was arraigned by a Judge at Worcester Memorial Hospital, while represented by Attorney Cronin, who persuaded the judge to release the defendant on personal recognizance. On felony charges of Assault & Battery/Dangerous Weapon: To-Wit: Motor Vehicle (2 counts), the defendant faced a potential of 10 years in the state prison. Road rage is alleged and after a three witness trial a six member jury returned a Verdict of Not Guilty. The acquitted defendant was discharged from his arrest.
Other recent Criminal Jury Trials:
- Commonwealth v. Bernard Agyekum, (2008) Fitchburg Jury Trial. Judge Elliot Zide, OUI Liquor 2nd Offense, Verdict: Not Guilty.
- Commonwealth v. Shawn Legere, (2008) Fitchburg Jury Trial, Judge Andrew Mandell, OUI Liquor, Jury Verdict: Not Guilty.
- Commonwealth v. Ken Crowley, (2007) Fitchburg Jury Trial, Judge Elliot Zide, OUI Liquor, Jury Verdict Not Guilty.
- Commonwealth v. Jeremy LaViolette (2006) Fitchburg Jury Trial, Judge Andrew Mandell, Assault & Battery/Dangerous Weapon, Jury Verdict Not Guilty.
- Commonwealth v. Tanya Jackson, (2006) Fitchburg Jury Trial, Judge Edward Reynolds, ADA David Ferracco, Assault & Battery/Dangerous Weapon, To-Wit: Chair: Jury Verdict: Not Guilty.
- Commonwealth v. Julio Machado, (2004), Fitchburg Jury Trial, Judge Andre Gelinas, Assault & Battery, Jury Verdict Not Guilty.
