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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-30
Status Open
Type Probation Transfer|Assault To Rape C 265 §24
Docket 71 entries

Parties

Defendant Hoyt, Brian S

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 12/30/2020 10:00 AM Arraignment. ZOOM HEARING
  3. Attorney appearance On this date Ashlee Rose Mastrangelo, Esq. added as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  4. Attorney appearance On this date Jose A Vincenty, Esq. added as Appointed - Indigent Defendant for Defendant Brian S Hoyt
  5. Event Result:: Arraignment scheduled on: 12/30/2020 10:00 AM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Appeared: Prosecutor Ashlee Rose Mastrangelo, Esq., Attorney for the Commonwealth Defendant Brian S Hoyt Jose A Vincenty, Esq., Appointed - Indigent Defendant P.O. Lindsy Johnson FTR: Darlene Abreu Staff: Jonathan B. Higley
  6. Defendant arraigned before Court. Judge: Salinger, Hon. Kenneth W
  7. Affidavit of indigency filed; APPROVED, counsel appointed. Judge: Salinger, Hon. Kenneth W
  8. Defendant waives reading of indictment Judge: Salinger, Hon. Kenneth W
  9. Plea of not guilty entered on all charges. Judge: Salinger, Hon. Kenneth W
  10. Habeas Corpus for defendant issued to Middlesex Jail returnable for 01/12/2021 02:15 PM 58A Dangerousness Hearing. HEARING TO BE CONDUCTED VIA ZOOM.
  11. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court.
  12. Commonwealth files the statement of the case.
  13. Commonwealth 's Notice Of Discovery At Arraignment
  14. Commonwealth 's Motion For Order Of Pretrial Detention Or, In The Alternative, Conditional Release Based On Dangerousness
  15. Attorney appearance On this date Julie Buszuwski, Esq. added as Appointed - Indigent Defendant for Defendant Brian S Hoyt
  16. Attorney appearance On this date Jose A Vincenty, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Brian S Hoyt
  17. Attorney appearance On this date Sophie Rosen, Esq. added as Appointed - Indigent Defendant for Defendant Brian S Hoyt
  18. Event Result:: 58A Dangerousness Hearing scheduled on: 01/12/2021 02:15 PM Has been: Held via Video Conference Hon. Paul D Wilson, Presiding Appeared: Prosecutor Ashlee Rose Mastrangelo, Esq., Attorney for the Commonwealth Defendant Brian S Hoyt Julie Buszuwski, Esq., Appointed - Indigent Defendant P.O. Andrew Laurenzando FTR: Darlene Abreu Staff: Jonathan B. Higley
  19. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court. Judge: Wilson, Hon. Paul D
  20. Finding and Order on Bail: Judge: Wilson, Hon. Paul D
  21. List of exhibits 58A Bail Hearing Judge: Wilson, Hon. Paul D Applies To: Buszuwski, Esq., Julie (Attorney) on behalf of Hoyt, Brian S (Defendant); Mastrangelo, Esq., Ashlee Rose (Attorney) on behalf of Middlesex District Attorney (Prosecutor)
  22. Docket Note: 58A Exhibits in Room 207A 1 Envelope
  23. Event Result:: Scheduling Conference scheduled on: 02/02/2021 09:00 AM Has been: Held as Scheduled Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  24. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 04/14/2021 10:30 AM Bail Hearing. TO BE HELD VIA VIDEO
  25. Event Result:: Bail Hearing scheduled on: 04/14/2021 10:30 AM Has been: Held as Scheduled Comments: Via Zoom Hon. Paul D Wilson, Presiding Appeared: Prosecutor Ashlee Rose Mastrangelo, Esq., Attorney for the Commonwealth Defendant Brian S Hoyt Julie Buszuwski, Esq., Appointed - Indigent Defendant Sophie Rosen, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  26. Event Result:: Lobby Conference scheduled on: 05/04/2021 10:00 AM Has been: Not Held For the following reason: Joint request of parties Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  27. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Final Trial Conference scheduled on: 06/24/2021 09:00 AM Has been: Rescheduled-Covid-19 emergency Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  28. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Jury Trial scheduled on: 07/06/2021 09:00 AM Has been: Rescheduled-Covid-19 emergency Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  29. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 04/26/2021 09:05 AM Conference to Review Status. **IN PERSON**
  30. Event Result:: Conference to Review Status scheduled on: 04/26/2021 09:05 AM Has been: Not Held For the following reason: Other event activity needed Comments: Defendant brought to court for GPS. Case not called on the record. Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  31. Event Result:: Lobby Conference scheduled on: 07/06/2021 09:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Shannon Frison, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  32. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 08/04/2021 10:00 AM Lobby Conference. TO BE HELD VIA ZOOM (Habe CANCELED on 7/30/21)
  33. Event Result:: Lobby Conference scheduled on: 08/04/2021 10:00 AM Has been: Rescheduled For the following reason: Request of Commonwealth Hon. Christopher K Barry-Smith, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  34. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 09/08/2021 12:00 PM Lobby Conference. TO BE HELD VIA ZOOM
  35. Commonwealth 's Assented to Motion to advance and continue
  36. Defendant 's Motion to Amend Conditions Of Release
  37. Endorsement on Motion To Amend Conditions Of Release, (#17.0): ALLOWED 8/16/21 After review, and without opposition, the motion is ALLOWED
  38. Event Result:: Lobby Conference scheduled on: 09/08/2021 12:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. David A Deakin, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  39. 's Joint Motion to Advance And Continue
  40. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 10/01/2021 09:30 AM Lobby Conference. ZOOM HEARING
  41. Event Result:: Lobby Conference scheduled on: 10/01/2021 09:30 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  42. Event Result:: Final Trial Conference scheduled on: 10/14/2021 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  43. Event Result:: Jury Trial scheduled on: 10/27/2021 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  44. Rule 36 waived re: by defendant from 10/27/21 through 4/26/22
  45. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 12/06/2021 09:00 AM Lobby Conference. VIDEO HABE
  46. Defendant 's Motion to continue trial
  47. Event Result:: Lobby Conference scheduled on: 12/06/2021 09:15 AM Has been: Held as Scheduled Hon. Joshua Wall, Presiding Appeared: Prosecutor Ashlee Rose Mastrangelo, Esq., Attorney for the Commonwealth Defendant Brian S Hoyt Jose A Vincenty, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate PO Sylvia Gomes FTR Robin Pertucci
  48. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 12/21/2021 11:30 AM Hearing for Change of Plea. *IN PERSON -PLEASE TRANSPORT*
  49. Event Result:: Hearing for Change of Plea scheduled on: 12/21/2021 11:30 AM Has been: Held as scheduled Hon. Joshua Wall, Presiding Appeared: Prosecutor Ashlee Rose Mastrangelo, Esq., Attorney for the Commonwealth Defendant Brian S Hoyt Julie Buszuwski, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  50. Defendant waives rights. Judge: Wall, Hon. Joshua
  51. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Wall, Hon. Joshua
  52. Defendant warned pursuant to the habitual offender statute G.L. c. 279, § 25(d) Judge: Wall, Hon. Joshua
  53. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Wall, Hon. Joshua
  54. Notice given to defendant of duty to register as a sex offender. Judge: Wall, Hon. Joshua
  55. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Wall, Hon. Joshua
  56. DNA fee WAIVED Judge: Wall, Hon. Joshua
  57. After finding of severe financial hardship, victim/witness fee waived. Judge: Wall, Hon. Joshua
  58. Drug Analysis fee waived due to severe financial hardship. Judge: Wall, Hon. Joshua
  59. Findings and Order of Statutory Fees Judge: Wall, Hon. Joshua
  60. Notice to defendant prior to accepting a plea for a sex offense filed and signed.
  61. Commonwealth, Defendant files sentence recommendation
  62. Offense Disposition:: Charge #1 ASSAULT TO RAPE c265 §24 On: 12/21/2021 Judge: Hon. Joshua Wall By: Hearing on Plea Offer/Change Guilty Plea Charge #2 A&B ON +60/DISABLED c265 §13K(a½) On: 12/21/2021 Judge: Hon. Joshua Wall By: Hearing on Plea Offer/Change Guilty Plea
  63. Correction Date: 12/21/2021 Judge: Hon. Joshua Wall Charge #: 1 ASSAULT TO RAPE c265 §24 3 years probation Charge #: 2 A&B ON +60/DISABLED c265 §13K(a½) Split Sentence to HOC Term: 2 Years, 6 Months, 0 Days To Serve: 0 Years, 9 Months, 0 Days Served Concurrently Charge # 1 Further Orders of the Court: 9 months is DEEMED SERVED Probation: Risk / Need Supervision Duration: 3 Years, 0 Months, 0 Days Start Date: 12/21/2021 End Date: 12/20/2024 Conditions: Obey all court orders and laws You shall obey all local, state, and federal laws and all court orders. Report to probation as ordered You shall report to your assigned probation officer at such time and place as directed. Notify probation of a change in address/employment You shall notify the probation officer immediately of a change of residence or employment. Probation Supervision Fee You shall pay the probation supervision fee, if required by law, unless waived by court order, or perform community service, if ordered by the court. DNA sample You shall submit a DNA sample in accordance with G.L. c. 22E, Sec. 3 and pay the required fee unless waived by the court. Sign releases You shall sign all releases for supervision and verification of compliance with these conditions of probation. Home, school & work visits You shall allow the probation officer to visit you at home, school or place of employment at any time with or without notice. Reporting after incarceration If you are incarcerated, you shall report to the Probation Service within 48 hours after you are released from incarceration or the next business day following a weekend or court holiday. If you are subject to GPS monitoring as a condition of probation, you shall report to the Probation Service immediately upon your release from incarceration. Not to leave Massachusetts You shall not leave Massachusetts without the express permission of the Probation Service, and if permission is granted, you shall sign a waiver of extradition and rendition before traveling. Poss of weapons,drugs,explosives,firearms or AMMO You shall not unlawfully receive, possess, control or transport any drugs, weapons explosives, firearms or ammunition. New criminal charges You shall immediately inform the Probation Service of any new criminal charge(s). Court Ordered Fees You shall pay all other court-ordered assessments and fees. Failure to pay court ordered assessments and fees are a violation of your conditions of probation and may result in the issuance of a violation notice and violation hearing. If you are found to be in violation of the terms and conditions of probation you may be subject to incarceration. If a change in circumstances renders you unable to pay, you have the "right to address the court" to show that payment "would cause a substantial financial hardship to you, your family or dependents." Additional Special Condition Continue with treatment provided by VA with aftercare recommended Additional Special Condition Complete Strength at Home program through the VA Sign releases You shall sign all releases for supervision and verification of compliance with these conditions of probation. Additional Special Condition Abide by Restraining Order in place Additional Special Condition No abuse of named victim
  64. Event Result:: Final Trial Conference scheduled on: 04/14/2022 09:00 AM Has been: Canceled For the following reason: Case Disposed Hon. Joshua Wall, Presiding
  65. Event Result:: Jury Trial scheduled on: 04/26/2022 09:00 AM Has been: Held as Scheduled For the following reason: Case Disposed Hon. Joshua Wall, Presiding
  66. Probation Transfer Notice Received (Worcester Superior Court)
  67. Probation Transfer Review Complete
  68. Probation transfer accepted. Originating Court: Middlesex County Case Number: 2081CR00333 Receiving Court: Worcester County ;
  69. Probation transfer accepted.
  70. Case initiated for the collection of funds for another court.
  71. Probation Transfer Notice Received (Transfer from Middlesex Superior)

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