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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-13
Status Open
Type Probation Transfer|Home Invasion C 265 §18 C
Docket 82 entries

Parties

Defendant Rivera, Christopher A

Lawyers

Docket Entries

  1. Attorney appearance On this date 11/08/2021 Tohme, Esq., Marc added for Suffolk County District Attorney
  2. Indictment(s) returned
  3. Issued: Straight Warrant issued on 11/08/2021 for Rivera, Christopher A
  4. Commonwealth 's Motion for an arrest warrant , filed.
  5. Endorsement on Motion for an arrest warrant , (#2.0): ALLOWED
  6. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 01/11/2022 09:00 AM Arraignment. Faxed to Norfolk, confirmation in file ADA Informs Court, Defendant is now at South Bay
  7. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 01/11/2022 09:00 AM Arraignment. Faxed to South Bay, Confirmation in file
  8. Event Result:: Arraignment scheduled on: 01/11/2022 09:00 AM Has been: Rescheduled For the following reason: Transferred to another session Edward J Curley, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate Mary Regan, Assistant Clerk Magistrate
  9. Attorney appearance On this date Paul J Anthony, Esq. added as Appointed - Indigent Defendant for Defendant Christopher A Rivera Appointment made for the purpose of Case in Chief by Judge Edward J Curley.
  10. Legal Counsel Fee Waived. Judge: Curley, Edward J
  11. Defendant not transported due to Covid 19. Case continued by agreement to 1/26/22 at 9am for Arraignment in Magistrate Session. (zoom, jail list at South Bay) Event Result:: Arraignment scheduled on: 01/11/2022 09:00 AM Has been: Rescheduled For the following reason: Defendant not transported to event Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA via zoom P. Anthony, Atty via zoom FTR: 11:10/11:15am
  12. Findings and Order of Statutory Fees $150 LCF waived Judge: Curley, Edward J
  13. Recalled: Straight Warrant cancelled on 01/26/2022 for Rivera, Christopher A
  14. Case assigned to: DCM Track B - Complex was added on 01/26/2022
  15. Defendant Brought into Court via Zoom Conference from South Bay. Arraignment held. Continued by Agreement to 02/25/2022 at 9:00am re: Scheduling Conference (Ctrm 705)(Defendant Excused). Event Result:: Arraignment scheduled on: 01/26/2022 09:00 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA P. Anthony, Atty. FTR 12:08pm
  16. Defendant arraigned before Court.
  17. Defendant waives reading of indictment
  18. Plea of not guilty entered on all charges.
  19. Bail set at $100,000.00 Surety, $10,000.00 Cash. GPS Prior to Release Judge: Curley, Edward J
  20. Bail warnings read
  21. Conditions of release on bail: Other Special Condition Home Confinement GPS Prior to Release Remain in Massachusetts Stay out of Revere, Massachusetts Stay away No Contact Direct or Indirect with Alleged Victims/ Witnesses
  22. Finding and Order on Bail: Judge: Curley, Edward J
  23. Defendant 's Motion to Deem Indigent and for Authorization to Expend Funds for Services of an Investigator with Affidavit. Filed
  24. Defendant 's Motion for Authorizaton to Expend Funds for Services of An Expert (Video) with Affidavit. Filed
  25. Commonwealth 's Motion to Continue filed
  26. Event Result:: Scheduling Conference scheduled on: 02/25/2022 09:00 AM Has been: Canceled For the following reason: Court Closure Comments: - Snow Storm - Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate
  27. Defendant not in court. Presence excused today. Defendant held at South Bay. Scheduling Conference Held. Designated as a Track B case with the following agreed upon dates: 06/13/2022 Pre Trial Conference at 9am in CTRM 705 (Defendant excused at the request of the Defendant) 10/14/2022 Pre Trial Hearing/Status at 9:00am in CTRM 704 (Defendant excused at the request of the Defendant) 01/31/2023 Final Pre Trial Conference at 2:00pm in CTRM 817 03/13/2023 Trial at 9am in CTRM 817 Event Result:: Scheduling Conference scheduled on: 04/01/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA (Zoom) P. Anthony, ATTY (Zoom) FTR: 9:26am
  28. Defendant not present in court. Case advances at the request of the Commonwealth RE: Motion to Continue. After hearing, Commonwealth's Motion to Continue filed and allowed. By agreement, the 6-13-2022 event is cancelled. Case continued by agreement to 6-16-2022 at 9am RE: Pre-Trial Conference in courtroom 705. Defendant's presence excused. Event Result:: Conference to Review Status scheduled on: 06/09/2022 11:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA (Live) XXX, Atty. FTR: 11:13am
  29. Event Result:: Pre-Trial Conference scheduled on: 06/13/2022 09:00 AM Has been: Canceled For the following reason: Joint request of parties Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate
  30. Commonwealth 's Motion to Continue, filed and allowed
  31. Defendant not in court. Presence excused. Case continued by agreement to 09/07/2022 at 9am in court room 705 Re: Filing of Motions. (Jail List; Zoom) Event Result:: Pre-Trial Conference scheduled on: 06/16/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA (Live) P. Anthony, Atty (Zoom) FTR 9:11am/9:20am
  32. Defendant on Zoom. Zoom Conference held. Hearing Re: Bail held. Court revokes all prior orders of bail. Event Result:: Bail Hearing scheduled on: 07/13/2022 02:26 PM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: R. Figueroa, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate M. Tohme, ADA P. Anthony, Atty FTR 2:26pm
  33. Bail set at $50,000.00 Surety, $5,000.00 Cash. Bail Warning Read. Mittimus issued. Conditions of bail: 1. GPS within 24 hours. 2. Curfew 11PM - 6AM 3. Reside in North Chelmsford with sister. 4. Stay away from Chelsea and Revere. 5. Stay away, no contact direct or indirect from co-defendants , witnesses and victim. Judge: Doolin, Hon. Michael
  34. Finding and Order on Bail: Judge: Doolin, Hon. Michael
  35. Defendant comes into court. After hearing, conditions of bail amended: - Defendant must reside at 696 Boston Street, Apt 3, Lynn, MA with mother All other conditions of bail remain. Event Result:: Probation Administrative Conference scheduled on: 08/18/2022 02:00 PM Has been: Held as Scheduled Hon. Robert L Ullmann, Presiding Staff: Tiffany Castillo, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate L. Miranda, APO XXX, ADA FTR 2:15pm
  36. Pro Se Defendant 's Motion To Vacate Exclusion Zone, Filed (ADA M. Tohme and Atty P. Anthony notified via email)
  37. Defendant comes into court. Motion Hearing RE: Conditions of Release held. After hearing, Pro Se Motion is Denied. Case has a next scheduled date of 9-7-22 at 9am in courtroom 705 for a Filing of Motions. (Non-Custody) Event Result:: Motion Hearing scheduled on: 08/22/2022 12:11 PM Has been: Held as Scheduled Hon. Robert L Ullmann, Presiding Staff: Tiffany Castillo, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate M. Tohme, ADA (Live) P. Anthony, Atty (Zoom) FTR: 12:11pm, 12:20pm
  38. Endorsement on Motion to Vacate Exclusion Zone, (#14.0): DENIED "Denied" Judge: Ullmann, Hon. Robert L
  39. Defendant comes into court live. Out-of-Court Filing date set for Motion - 10-31-2022 Case has a next scheduled date of 10-04-2022 at 9am RE: Pre-Trial Hearing in courtroom 704 (Non-Custody). Case continued by agreement to 12-05-2022 at 9am for live Evidentiary Hearing RE: Motion to Suppress in courtroom 713 (Non-Custody). Event Result:: Filing of Motions scheduled on: 09/07/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate M. Tohme, ADA (Live) XXX, Atty. FTR: 11:00am
  40. Docket Note: continued at request of defendant to 9/30/2022 @ 2PM for hearing re: modification of bail conditions - J Session - Doolin, J. - P. Anthony - Attorney - Attest: James M. Pardi, AC/M
  41. Defendant comes into court live. (non custody) Hearing RE: Modification of conditions of bail held. Defendant's motion filed and allowed in part/denied in part. Event Result:: Motion Hearing scheduled on: 09/30/2022 02:00 PM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate M. Tohme, ADA P. Anthony, Atty FTR: 3:10pm
  42. Defendant 's Motion for Modification of Bail Conditions- GPS/Curfew with supporting documents, filed and ALLOWED as to Orlando. DENIED as to Chelsea/Revere
  43. Defendant Not in Court (In Florida). Case Continued by Agreement to 12/05/2022 at 9:00am re: Status (Ctrm 713) Event Result:: Pre-Trial Hearing scheduled on: 10/04/2022 09:00 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate M. Tohme, ADA C. Lepore, Atty. for P. Anthony, Atty. FTR 10:09am
  44. Defendant's presence waived Conference to Review Status: Held as Scheduled After hearing, case continued by agreement to January 23, 2023 re: Mt to Dismiss (P#12 filed in 2184CR703) First Criminal Session, Ctrm 704 Defendant's presence waived for 1/23/23 date Defendant files motion for funds (See P#17) Hon. Maureen Mulligan, Presiding ADA T Albanese - P. Anthony, Attorney - FTR: 9:10AM Constance Goll, Assistant Clerk Magistrate
  45. Attorney appearance On this date Marc Tohme, Esq. dismissed/withdrawn for Prosecutor Suffolk County District Attorney
  46. Attorney appearance On this date Tiffany R Albanese, Esq. added as Attorney for the Commonwealth for Prosecutor Suffolk County District Attorney
  47. Tiffany R Albanese, Esq.'s Notice of appearance filed
  48. Defendant 's Motion for authorization to expend additional funds for services of an expert (Video) filed and ALLOWED Filed with affidavit in support thereof "ALLOWED up to $5,000.00 and following procedures for distribution of funds"
  49. Endorsement on Motion for authorization to expend additional funds for services of an expert (Video), (#17.0): ALLOWED "ALLOWED up to $5,000.00 and following procedures for distribution of funds"
  50. Event Result:: Motion Hearing scheduled on: 01/23/2023 09:00 AM Has been: Canceled For the following reason: Transferred to another session Hon. Catherine Ham, Presiding Staff: Constance Goll, Assistant Clerk Magistrate
  51. Commonwealth 's Notice of Discovery, filed.
  52. Defendant not present in court. Motion hearing not held. Case continued by agreement to 1-31-23 at 9am in courtroom 704 for a Lobby Conference. Event Result:: Motion Hearing scheduled on: 01/23/2023 09:00 AM Has been: Not Held For the following reason: Joint request of parties Hon. Joshua Wall, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate T. Albanese, ADA XXX, Atty FTR: 10:10am
  53. Event Result:: Conference to Review Status scheduled on: 01/31/2023 02:00 PM Has been: Held as Scheduled Hon. James F Lang, Presiding Staff: James Oliver, Sessions Clerk
  54. Defendant 's Motion to Sever, filed
  55. Event Result:: Lobby Conference scheduled on: 01/31/2023 09:00 AM Has been: Not Held For the following reason: Transferred to another session Hon. Joshua Wall, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate
  56. Opposition to paper #19.0 Defendant's motion to sever filed by Suffolk County District Attorney
  57. Endorsement on Motion to sever, (#19.0): ALLOWED "After hearing, for the reasons stated on the record, and for like reasons to those stated in its margin ruling on Jerry Leiva¿s motion to sever, the court finds that severance of Christopher Rivera's trial from that of the Antonio Lima is required if the Commonwealth will seek to introduce against Lima his post-arrest statements referencing Rivera." (Lang, J.)
  58. Commonwealth 's Motion to continue the trial date filed and "After hearing, for good cause shown, and with the assent of all defendants, allowed. Trial assignment on 3/15/23, with a final determination to be made on that date as to whether defendant Lima will be tried separately from his two codefendants or with them." (Lang, J.) (Motion endorsed in co-defendant's case, CW. V. Jerry Leiva 2184CR00703, Paper #28)
  59. Defendant no t present in court, non-custody. Presence waived. Final Pre-Trial Conference not held as scheduled. After hearing, defendant's motion to sever endorsed as stated on the record and in Masscourts. Parties motion to continue filed and ALLOWED (Lang, J.) NOTE: JT Date of 3/13/2023 canceled, joint request of parties. Case continued by agreement to 3/15/2023 RE: Trial Assignment Conference at 2 PM in Courtroom 817 Lang, J. J. Oliver, Deputy Assistant Clerk T. Albanese, ADA (Live) P. Anthony, Atty (Live) 3:00 PM FTR
  60. Event Result:: Jury Trial scheduled on: 03/13/2023 09:00 AM Has been: Canceled For the following reason: Joint request of parties Hon. James F Lang, Presiding Staff: James Oliver, Sessions Clerk
  61. Defendant not present in court, non-custody Trial Assignment Conference held as scheduled. Case continued by agreement to 3/28/2023 for Conference to Review Status RE: Status of motion to sever at 2 PM in Courtroom 817 Lang, J. J. Oliver, Deputy Assistant Clerk T. Albanese, ADA (Live) P. Anthony, Atty (Via Zoom) 2:29 PM FTR
  62. Commonwealth 's proposed redactions to Antonio Lima interview filed
  63. Event Result:: Conference to Review Status scheduled on: 03/28/2023 02:00 PM Has been: Canceled For the following reason: Court Order Comments: Due to session's trial schedule, case will not be reached. Case to be rescheduled administratively. Hon. James F Lang, Presiding Staff: James Oliver, Sessions Clerk
  64. Defendant not present in court, defendant's presence waived (non-custody) Conference to Review Status held as scheduled. Case continued by agreement to 6/14/2023 RE: Lobby Conference at 9 AM in Courtroom 704 (Live hearing non-custody). Case continued by agreement to 7/25/2023 RE: Conference to Review Status at 2 PM in Courtroom 817 (Defendant's presence waived). McCarthy-Neyman, J. J. Oliver, Deputy Assistant Clerk T. Albanese, ADA (Live) P. Anthony, Atty (Via Zoom) 3:35 PM FTR
  65. Event Result:: Lobby Conference scheduled on: 06/14/2023 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate
  66. Defendant comes into court live. Lobby Conference and Change of Plea held. Defendant agrees to plead guilty as charged to Offenses 001-003. Commonwealth moves for sentencing. Defendant sentenced as follows: 001: Defendant sentenced to a period of Two Years Probation 002: Defendant sentenced to a period of Eighteen Months to be served at the Suffolk County House of Correction (DEEMED SERVED) 003: Defendant sentenced to a period of Two Years Probation (Concurrent with 001) Conditions of Probation: 1. Stay away, no contact direct or indirect with victims and witnesses. 2. Defendant may travel out of state. GPS Order VACATED. Compliance credits notice read. Event Result:: Hearing for Change of Plea scheduled on: 06/14/2023 10:30 AM Has been: Held as scheduled Hon. Michael Doolin, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate ADA T. Albanese Atty P. Anthony FTR: 10:46 AM
  67. Defendant waives rights. Judge: Doolin, Hon. Michael
  68. Plea colloquy given. Judge: Doolin, Hon. Michael
  69. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Doolin, Hon. Michael
  70. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Doolin, Hon. Michael
  71. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Doolin, Hon. Michael
  72. DNA fee WAIVED Judge: Doolin, Hon. Michael
  73. After finding of severe financial hardship, victim/witness fee waived. Judge: Doolin, Hon. Michael
  74. Event Result:: Conference to Review Status scheduled on: 07/25/2023 02:00 PM Has been: Canceled For the following reason: Plea Offered Hon. Michael Doolin, Presiding Staff: James Oliver, Sessions Clerk
  75. Offense Disposition:: Charge #1 HOME INVASION c265 §18C On: 06/14/2023 Judge: Hon. Michael Doolin By: Hearing on Plea Offer/Change Guilty Plea - Agreed Upon Charge #2 ASSAULT W/DANGEROUS WEAPON c265 §15B(b) On: 06/14/2023 Judge: Hon. Michael Doolin By: Hearing on Plea Offer/Change Guilty Plea - Agreed Upon Charge #3 A&B WITH DANGEROUS WEAPON c265 §15A(b) On: 06/14/2023 Judge: Hon. Michael Doolin By: Hearing on Plea Offer/Change Guilty Plea - Agreed Upon
  76. Defendant sentenced:: Sentence Date: 06/14/2023 Judge: Hon. Michael Doolin Charge #: 2 ASSAULT W/DANGEROUS WEAPON c265 §15B(b) Committed to HOC Term: 0 Years, 18 Months, 0 Days To Serve: 0 Years, 18 Months, 0 Days Committed to Suffolk House of Correction (South Bay) DEEMED SERVED
  77. Defendant sentenced:: Sentence Date: 06/14/2023 Judge: Hon. Michael Doolin Charge #: 1 HOME INVASION c265 §18C Charge #: 3 A&B WITH DANGEROUS WEAPON c265 §15A(b) Served Concurrently Charge # 1 Case 2184CR00708 Probation: Risk / Need Supervision Duration: 2 Years, 0 Months, 0 Days Conditions of Probation: 1. Stay away, no contact direct or indirect with victims and witnesses. 2. Defendant may travel out of state. GPS Order VACATED.
  78. Findings and Order of Statutory Fees Victim Witness Fee and DNA Sample Fee waived. Judge: Doolin, Hon. Michael
  79. Posted bail returned RAB form
  80. Notice to surety, Mass Bail Fund, that the bail money is available for return.
  81. Probation Transfer Notice Received - case to Essex County, indictments scanned.
  82. Probation Transfer Reviewed and Complete (financials checked and verified)

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