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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-14
Status Open
Type Probation Transfer|Robbery, Armed C 265 §17
Docket 109 entries

Parties

Defendant Perez, Emilio

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Attorney appearance On this date Nina A Vivenzio, Esq. added for Prosecutor Hampden County District Attorney
  3. Attorney appearance On this date Kathleen A Cavanaugh, Esq. added as Appointed - Indigent Defendant for Defendant Emilio Perez Appointment made for the purpose of Case in Chief by Judge Brian Dolaher.
  4. Defendant arraigned before Court. Judge: Dolaher, Brian
  5. Defendant waives reading of indictment Judge: Dolaher, Brian
  6. Plea of not guilty entered on all charges. Judge: Dolaher, Brian
  7. Bail set at $0.00 Surety, $25,000.00 Cash. without prejudice, with conditions: 1) not to leave Mass., 2) surrender passport, 3) stay away no contact direct/indirect with 3 victims & Goodies Store- Agawam, 4) not to possess firearms (dangerous weapons, 5) drug free random screens, 5) report to probation as directed, next date 4/8/20
  8. Bail warnings read Judge: Dolaher, Brian
  9. Event Result:: Arraignment scheduled on: 04/12/2019 09:01 AM Has been: Held as Scheduled Brian Dolaher, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate
  10. Defendant 's EX PARTE Motion for funds to hire a private investigator (to be impounded).
  11. Affidavit of Kathleen A Cavanaugh in support of defendant's (Ex Parte) motion for funds to hire a private investigator (to be impounded).
  12. Endorsement on Motion for funds to hire a private investigator (to be impounded)., (#3.0): ALLOWED n via mail.
  13. Event Result:: Pre-Trial Hearing scheduled on: 09/05/2019 09:19 AM Has been: Not Held For the following reason: Joint request of parties Comments: FTR 1; ADA Vivenzio unavailable on this date Michael T Sarnacki, Esq., Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  14. Event Result:: Pre-Trial Hearing scheduled on: 09/09/2019 09:19 AM Has been: Not Held For the following reason: Joint request of parties Comments: FTR 1 (SA) Hon. James G Reardon, Jr., Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  15. Commonwealth 's Assented to Motion to continue PTH
  16. Endorsement on Motion to continue PTH (assented to), (#4.0): ALLOWED Judge: Reardon, Jr., Hon. James G
  17. Pre-trial conference report filed
  18. Event Result:: Pre-Trial Hearing scheduled on: 10/03/2019 09:19 AM Has been: Held as Scheduled Comments: FTR 1 Hon. James G Reardon, Jr., Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  19. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Final Pre-Trial Conference scheduled on: 04/08/2020 09:39 AM Has been: Rescheduled-Covid-19 emergency Hon. Michael K Callan, Presiding
  20. Event Result:: Jury Trial scheduled on: 04/22/2020 09:07 AM Has been: Canceled For the following reason: By Court due to Covid-19 Hon. Michael K Callan, Presiding
  21. Defendant 's EMERGENCY Motion for Bail Reduction Hearing In Response to COVID-19 Pandemic- Non-Presumptive Release (w/ Affidavit)
  22. Endorsement on Motion for Bail Reduction Hearing In Response to COVID-19 Pandemic- Non-Presumptive Release (w/ Affidavit), (#6.0): Other action taken Commonwealth to file its opposition within seven days. n. via email 4/14/20 Judge: Callan, Hon. Michael K
  23. Motion for Release without Rebuttable Presumption (COVID19) transferred to Flannery, J, under advisement 4/24/20
  24. Opposition to Defendant's Emergency Motion for Immediate Release filed by Hampden County District Attorneyn. Judge Callan 4/24/20
  25. Affidavit of Sheriff Nicholas Cocchi, in support of Commonwealth's opposition
  26. Commonwealth 's Statement Hampden County Responses to SJC Questions
  27. Endorsement on Motion for Release, (#4.0): DENIED See Findings and Order of same date. Emailed n. to parties.
  28. Order RE: COVID 19 Motion for Immediate Release DENIED See attached Order emailed n to parties Judge: Flannery, Hon. Francis E
  29. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Conference to Review Status scheduled on: 05/07/2020 09:35 AM Has been: Rescheduled-Covid-19 emergency Hon. Michael K Callan, Presiding
  30. Defendant's motion for reconsideration of Defendant's motion for immediate release from custody based on changed circumstances (COVID 19). Renewed Emergency Motion for Bail Reduction Hearing in Response to COVID-19 Pandemic Non-Presumptive Release In the Alternative Motion for Reduction in Bail (with Affidavit of Counsel) N. Judge Callan 6/1/20
  31. Endorsement on Renewed Emergency Motion for Bail Hearing, (#9.0): Other action taken Commonwealth to respond within seven days. n. via email 6/1/20 Judge: Callan, Hon. Michael K
  32. Opposition to Defendant's Renewed Emergency Motion for Non-Presumptive Release and For Bail Reduction filed by Hampden County District Attorney. N. J. Callan 6/5/20-- Sent to Judge Flannery
  33. Affidavit of Sheriff Nicholas Cocchi
  34. Affidavit of Supplemental Affidavit of Sheriff Nicholas Cocchi
  35. Commonwealth 's Response of Hampden County to SJC
  36. Order RE: COVID 19 Motion for Immediate Release DENIED See attached Order n. via email 6/11/20
  37. Event Result:: Conference to Review Status scheduled on: 06/24/2020 09:35 AM Has been: Held as Scheduled Shana Wilson, Presiding
  38. Pre-trial conference report filed
  39. General correspondence regarding THIS CASE IS ASSIGNED TO JUDGE MULQUEEN (PER CALLAN, J.)
  40. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Final Pre-Trial Conference scheduled on: 11/03/2020 09:39 AM Has been: Rescheduled-Covid-19 emergency Hon. Jane E Mulqueen, Presiding
  41. Event Result:: Jury Trial scheduled on: 11/17/2020 09:07 AM Has been: Canceled For the following reason: By Court due to Covid-19 Hon. Jane E Mulqueen, Presiding
  42. Defendant waives rights. Judge: Mulqueen, Hon. Jane E
  43. Defendant 's Notice of Physical presence Judge: Mulqueen, Hon. Jane E
  44. Emilio Perez's Memorandum in aid of Sentencing
  45. Event Result:: Hearing for Change of Plea scheduled on: 11/03/2020 02:00 PM Has been: Held as scheduled Comments: ftr 1 foulks Hon. Jane E Mulqueen, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate
  46. Offense Disposition:: Charge #1 ROBBERY, ARMED c265 §17 On: 11/03/2020 Judge: Hon. Jane E Mulqueen By: Hearing on Plea Offer/Change Guilty Plea Charge #2 ASSAULT W/DANGEROUS WEAPON c265 §15B(b) On: 11/03/2020 Judge: Hon. Jane E Mulqueen By: Hearing on Plea Offer/Change Guilty Plea Charge #3 A&B c265 §13A(a) On: 11/03/2020 Judge: Hon. Jane E Mulqueen By: Hearing on Plea Offer/Change Guilty Plea
  47. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Mulqueen, Hon. Jane E
  48. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Mulqueen, Hon. Jane E
  49. Acknowledgment of Notification of duty to provide DNA sample received. Judge: Mulqueen, Hon. Jane E
  50. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Mulqueen, Hon. Jane E
  51. Defendant sentenced:: Sentence Date: 11/03/2020 Judge: Hon. Jane E Mulqueen Charge #: 1 ROBBERY, ARMED c265 §17 State Prison Sentence Not Less Than: 3 Years, 0 Months, 0 Days Not More Than: 4 Years, 0 Months, 0 Days Committed to MCI - Cedar Junction (at Walpole) Credits 711 Days Further Orders of the Court: Days by agreement and Order of the Court
  52. Defendant sentenced:: Sentence Date: 11/03/2020 Judge: Hon. Jane E Mulqueen Charge #: 2 ASSAULT W/DANGEROUS WEAPON c265 §15B(b) Charge #: 3 A&B c265 §13A(a) Probation: on and after sentence in Ct. 1 Special conditions; drug/alcohol free including marijuana, random screens, stay away from racing mart, 582 South Street, Holyoke Ma & Goodies convenience store, 300 Springfield street Agawam, Ma. and $65.00 per month prob. fee others waived Risk/Need Probation Duration: 2 Years, 0 Months, 0 Days Judge: Mulqueen, Hon. Jane E
  53. Event Result:: Hearing on Request for Probation Warrant scheduled on: 05/23/2022 09:47 AM Has been: Held as Scheduled Comments: FTR 1/Dolaher Hon. Jane E Mulqueen, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate
  54. Issued: Straight Warrant issued on 05/23/2022 for Perez, Emilio
  55. Recalled: Straight Warrant cancelled on 06/03/2022 for Perez, Emilio
  56. Attorney appearance On this date Kathleen A Cavanaugh, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Emilio Perez
  57. Attorney appearance On this date Michelle Anna Dame, Esq. added as Appointed - Indigent Defendant for Defendant Emilio Perez Appointment made for the purpose of Probation Surrender by Judge Hon. Michael K Callan.
  58. Event Result:: Hearing for Warrant Removal scheduled on: 06/03/2022 09:47 AM Has been: Held as Scheduled Comments: FTR 1 Hon. Michael K Callan, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Defendant waives preliminary hearing
  59. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation Judge: Callan, Hon. Michael K Applies To: Vivenzio, Esq., Nina A (Attorney) on behalf of Hampden County District Attorney (Prosecutor); Cavanaugh, Esq., Kathleen A (Attorney) on behalf of Perez, Emilio (Defendant)
  60. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court. by agreement Next Date: 8/30/22
  61. Event Result:: Bail Hearing scheduled on: 06/22/2022 09:47 AM Has been: Not Held For the following reason: Joint request of parties Comments: ftr 1 Hon. Michael K Callan, Presiding Staff: Nancy Ramos, Assistant Clerk Magistrate Alyson Yorlano, Assistant Clerk Magistrate
  62. Defendant 's EX PARTE Motion for funds Social Worker
  63. Affidavit of of Counsel
  64. Endorsement on Motion for funds Social Worker, (#19.0): ALLOWED
  65. Defendant 's EX PARTE Motion for funds Social Worker
  66. Endorsement on Motion for funds for Social Worker, (#20.0): ALLOWED
  67. Affidavit of of Counsel
  68. Event Result:: Bail Hearing scheduled on: 07/13/2022 09:47 AM Has been: Not Held For the following reason: Request of Defendant Comments: FTR 6-Foley/Partyka/Yorlano Hon. David Hodge, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Edward Partyka, Assistant Clerk Magistrate Alyson Yorlano, Assistant Clerk Magistrate
  69. Event Result:: Final Probation Surrender Hearing scheduled on: 07/18/2022 09:49 AM Has been: Canceled For the following reason: By Court prior to date Unassigned, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Alyson Yorlano, Assistant Clerk Magistrate
  70. Defendant 's Motion to continue
  71. Endorsement on Defendant 's Motion to continue, (#21.0): ALLOWED Continued to 8/30/22 for status conference
  72. Event Result:: Conference to Review Status scheduled on: 08/30/2022 09:35 AM Has been: Held as Scheduled Comments: FTR 1-Marzano/Wilson/Ramos Hon. David Hodge, Presiding Staff: Nancy Ramos, Assistant Clerk Magistrate Shana Wilson, Assistant Clerk Magistrate
  73. Event Result:: Bail Hearing scheduled on: 09/07/2022 09:29 AM Has been: Not Held For the following reason: Transferred to another session Hon. David Hodge, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Nancy Ramos, Assistant Clerk Magistrate
  74. Event Result:: Bail Hearing scheduled on: 09/07/2022 10:30 AM Has been: Held as Scheduled Comments: FTR - Court Room 2 Hon. Michael K Callan, Presiding Staff: Lois Cignoli, Assistant Clerk Magistrate
  75. Bail warnings read
  76. Released on Personal Recognizance with the following conditions: Other Special Condition 1) Comply with all Federal and State laws and abide by all court orders including restraining orders 2) Refrain from drugs (including marijuana) and alcohol and be subject to random screens 3) Report to Probation Dept as directed by Probation Notify Probation Dept immediately of any address change
  77. ORDER of Pre-Trial Conditions of Release Judge: Callan, Hon. Michael K
  78. Event Result:: Hearing on Request for Probation Warrant scheduled on: 09/30/2022 09:47 AM Has been: Held as Scheduled Comments: FTR 1-Foulks/Dolaher/Ramos Hon. David Hodge, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Nancy Ramos, Assistant Clerk Magistrate
  79. Issued: Straight Warrant issued on 09/30/2022 for Perez, Emilio
  80. Event Result:: Hearing for Warrant Removal scheduled on: 10/11/2022 09:30 AM Has been: Held as Scheduled; Atty. Dame to remain as counsel Comments: FTR 1-Foley/Yorlano Hon. Francis E Flannery, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Alyson Yorlano, Assistant Clerk Magistrate
  81. Recalled: Straight Warrant cancelled on 10/11/2022 for Perez, Emilio
  82. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court. without prejudice; Next date: 10/17/22
  83. Event Result:: Bail Hearing scheduled on: 10/17/2022 09:47 AM Has been: Held as Scheduled Comments: FTR 1 Hon. David Hodge, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Alyson Yorlano, Assistant Clerk Magistrate
  84. Bail warnings read Judge: Hodge, Hon. David
  85. Released on Personal Recognizance with the following conditions: Other Special Condition Enter and complete Adult & Teen Challenge program and comply with any program conditions. Next Date: 11/15/22
  86. Bail recognizance form filed.
  87. Event Result:: Final Probation Surrender Hearing scheduled on: 11/15/2022 09:49 AM Has been: Not Held For the following reason: Transferred to another session Comments: FTR 1 Hon. Francis E Flannery, Presiding Staff: Danielle Cruz, Assistant Clerk Magistrate Nancy Ramos, Assistant Clerk Magistrate Shana Wilson, Assistant Clerk Magistrate
  88. Event Result:: Final Probation Surrender Hearing scheduled on: 11/15/2022 10:00 AM Has been: Held as Scheduled Comments: FTR 2- S. Adams Hon. Mark D Mason, Presiding Staff: Susan Joaquin, Assistant Clerk Magistrate
  89. Defendant, being represented by counsel, admits to violation of conditions, found in violation of conditions of probation after hearing, other action taken Probation is continued to 12/21/23 with added condition to continue and complete program currently in.
  90. ORDER: of probation conditions Judge: Mason, Hon. Mark D
  91. Probation Transfer Notice Received Receiving court: Worcester Superior Court
  92. Probation Transfer Review Complete Judge: Sirois, Lauramarie
  93. Probation transfer accepted. Originating Court: Hampden County Case Number: 1979CR00138 Receiving Court: Worcester County ;
  94. Probation transfer accepted.
  95. Probation Transfer Notice Received Transferred from Hampden Superior Court
  96. Event Result:: Hearing on Request for Probation Warrant scheduled on: 02/14/2023 09:00 AM Has been: Held as Scheduled Comments: ftr 18 Hon. Karin Bell, Presiding Staff: Matthew S Lefebvre, Assistant Clerk Magistrate
  97. Issued: Straight Warrant issued on 02/14/2023 for Perez, Emilio
  98. Request filed by probation for a warrant. Judge: Bell, Hon. Karin
  99. Recalled: Straight Warrant cancelled on 02/16/2023 for Perez, Emilio
  100. Attorney appearance On this date Joseph F Hennessey, Esq. added as Appointed - Indigent Defendant for Defendant Emilio Perez Appointment made for the purpose of Probation Surrender by Judge Hon. Daniel M Wrenn.
  101. Event Result:: Hearing for Warrant Removal scheduled on: 02/16/2023 02:00 PM Has been: Held as Scheduled Comments: ftr 18 Hon. Daniel M Wrenn, Presiding Staff: Matthew S Lefebvre, Assistant Clerk Magistrate
  102. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court.
  103. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation 1. Left Teen Challenge Program against medical advised 2. Whereabouts are unknown Probation Officer Mercurio
  104. Findings and Order of Statutory Fees LCF Waived Judge: Bell, Hon. Karin
  105. Legal Counsel Fee Waived. Judge: Bell, Hon. Karin
  106. Event Result:: Conference to Review Status scheduled on: 02/17/2023 09:00 AM Has been: Held as Scheduled Comments: ftr 18 Hon. Karin Bell, Presiding Staff: Matthew S Lefebvre, Assistant Clerk Magistrate
  107. Docket Note: Oral Request By Probation Department for Temporary Removal of GPS - ALLOWED Judge Ritter
  108. Event Result:: Final Probation Surrender Hearing scheduled on: 03/10/2023 09:00 AM Has been: Held as Scheduled Comments: ftr 18 Hon. William J Ritter, Presiding Staff: Matthew S Lefebvre, Assistant Clerk Magistrate
  109. Defendant, being represented by counsel, found in violation of conditions of probation, admits to violation of conditions after hearing, probation continued in force Defendant reprobated with same terms and conditions : 1. substance abuse evaluation & treatment 2. sign releases for probation department (GPS to be removed as it was a condition of release, not a condition of probation)

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