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Case Information

Filed 2023-07-11
Status Open
Type Probation Transfer|B&e Building Nighttime For Felony C 266 §16
Docket 85 entries

Parties

Defendant Burhoe, Mark Anthony

Docket Entries

  1. Attorney appearance On this date Ian M Leson, Esq. added as Attorney for the Commonwealth for Prosecutor Suffolk County District Attorney
  2. Indictment(s) returned
  3. Commonwealth Ian M Leson, Esq.'s Motion for issuance of a summons filed
  4. Endorsement on Motion for issuance of a summons , (#2.0): ALLOWED
  5. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 02/23/2021 09:00 AM Arraignment. Zoom Conference Only- Do not transport Meeting ID: 161 832 3810 Passcode: 668298 ***SENT IN ERROR. REFAXED TO NORFOLK INDICATING HABE IS CANCELED***
  6. Commonwealth 's Notice of Notice of Appearance of Counsel-filed
  7. Commonwealth files the statement of the case.
  8. Attorney appearance On this date Scott W Niemisto, Esq. added as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe Appointment made for the purpose of Case in Chief by Judge Hon. Janet L Sanders.
  9. Legal Counsel Fee Waived. Judge: Sanders, Hon. Janet L
  10. Defendant arraigned before Court.
  11. Defendant waives reading of indictment
  12. Plea of not guilty entered on all charges.
  13. Bail set at $55,000.00 Surety, $5,500.00 Cash. Said bail having been met, posted, and verified is ordered transferred: $5,000 from BMC West Roxbury (2006CR000103) and $500 from BMC Brighton (2008CR00090). Defendant also having been released on personal recognizance on docket 2008CR00057 from BMC Brighton. Notices faxed to district courts; confirmation in file Judge: Sanders, Hon. Janet L
  14. Bail warnings read
  15. Conditions of release on bail: Other Special Condition 1. Stay away from scene of incidents 2. Stay away/no contact, direct or indirect, with victims, witnesses, or co-defendant Judge: Sanders, Hon. Janet L
  16. Defendant comes into court in person Arraignment Held as Scheduled Bail having been set previously in district court is ordered transferred to Suffolk Superior Case continued by agreement to 3/29/2021 at 10:00am, re: Pre-Trial Conference, First Criminal Session, Courtroom 704 (Zoom hearing, non-custody) Hon. Janet L Sanders, Presiding J. Pardi, ACM I. Leson, ADA S. Niemisto, Atty FTR 12:16 PM
  17. Defendant noti n Court, excused this day. Pre Trial Conference not held. Rescheduled to 5-3-21 by agreement for further Pre Trial Conference in Rm 704 at 9am (Defendant Excused). Event Result:: Pre-Trial Conference scheduled on: 03/29/2021 10:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Janet L Sanders, Presiding Staff: Danielle Bisson, Assistant Clerk Magistrate David Sheehan, Assistant Clerk Magistrate I. Leson, ADA S. Niemisto, Atty FTR 12:01pm
  18. Commonwealth 's Notice of discovery I (filed)
  19. Defendant not in court, presence excused Pretrial Conference Held. Case continued by agreement to 5/27/21 for Conference to Review Status at 9:00am in Rm 704 Event Result:: Pre-Trial Conference scheduled on: 05/03/2021 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate Constance Goll, Assistant Clerk Magistrate I. Leson, ADA S. Niemisto, Atty J. Russo, CM FTR 11:44AM
  20. Zoom conference held. Defendant not on Zoom Status Re: Discovery Held. Continued to 6/25/21 by agreement for Lobby Conference in court room 704 at 9:00 am (Zoom, Non-Custody). Event Result:: Conference to Review Status scheduled on: 05/27/2021 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate I. Leson, ADA S. Niemsto, Atty N. McCann, CR FTR 9:50 am
  21. Defendant not on Zoom. Zoom Conference held. Lobby not held. Continued to 7-28-21 by agreement for Status in Rm 704 at 9am (Zoom). Event Result:: Lobby Conference scheduled on: 06/25/2021 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate I. Leson, ADA J. Tripp, Atty for S. Niemisto, Atty FTR 9:36am
  22. Zoom Conference Held. Defendant present on Zoom (non-custody) Lobby Conference held. Case continued by agreement to 9/27 at 9:00am in Rm 914 for Hearing for Change of Plea before J. O'Shea Event Result:: Lobby Conference scheduled on: 07/28/2021 09:00 AM Has been: Held as Scheduled Hon. Daniel J. O'Shea, Presiding Staff: David Sheehan, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate I. Leson, ADA S. Niemisto, Atty J. Russo, CM FTR FTR 11:15AM
  23. Event Result:: Hearing for Change of Plea scheduled on: 09/27/2021 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Hon. Daniel J. O'Shea, Presiding Staff: Abigail Bryan, Assistant Clerk Magistrate
  24. Event Result:: Hearing for Change of Plea scheduled on: 10/01/2021 02:00 PM Has been: Held as scheduled Hon. Daniel J. O'Shea, Presiding Staff: Abigail Bryan, Assistant Clerk Magistrate
  25. Defendant waives rights. Judge: O'Shea, Hon. Daniel J.
  26. Plea colloquy given. Judge: O'Shea, Hon. Daniel J.
  27. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: O'Shea, Hon. Daniel J.
  28. Defendant warned pursuant to the habitual offender statute G.L. c. 279, § 25(d) Judge: O'Shea, Hon. Daniel J.
  29. Findings and Order of Statutory Fees Judge: O'Shea, Hon. Daniel J.
  30. Offense Disposition:: Charge #1 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #2 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #3 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #4 LARCENY FROM BUILDING c266 §20 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #5 LARCENY FROM BUILDING c266 §20 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #6 LARCENY FROM BUILDING c266 §20 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #7 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #8 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea Charge #9 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 On: 10/01/2021 Judge: Hon. Daniel J. O'Shea By: Hearing on Plea Offer/Change Guilty Plea
  31. Defendant sentenced:: Sentence Date: 10/01/2021 Judge: Hon. Daniel J. O'Shea Charge #: 1 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 Charge #: 2 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 Charge #: 3 B&E BUILDING NIGHTTIME FOR FELONY c266 §16 Charge #: 4 LARCENY FROM BUILDING c266 §20 Charge #: 5 LARCENY FROM BUILDING c266 §20 Charge #: 6 LARCENY FROM BUILDING c266 §20 Charge #: 7 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 Charge #: 8 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 Charge #: 9 BURGLARIOUS INSTRUMENT, POSSESS c266 §49 Probation: Risk / Need Supervision Duration: 3 Years, 0 Months, 0 Days Start Date: 10/01/2021 End Date: 09/30/2024 Conditions: 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. Stay Away Stay away from Corrib 2030 Centre St. Boston, Wing It 1153 Commonwealth Ave, Tous les Jours 152 Harvard Ave., and Anthony Bligh No Contact You shall have no direct or indirect contact with:Anthony Bligh Substance Use Disorder Evaluation You shall submit to evaluation and treatment for substance use disorder as directed by the probation officer. Additional Special Condition remain drug and alcohol free with testing subject to probation's recomendations Additional Special Condition maintain employment
  32. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation
  33. Defendant Comes into Court. Initial Probation Surrender held. Case Continued for Further Initial Probation Surrender by Aggrement to 01/28/2022 at 9:00am (Ctrm 704)(Non Custody) Event Result:: Initial Probation Surrender Hearing scheduled on: 12/29/2021 09:00 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Staff: Constance Goll, Assistant Clerk Magistrate Tiffany Castillo, Assistant Clerk Magistrate E. Winfrey, PO FTR 10:02am/ 11:24am
  34. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation (AMENDED)
  35. Defendant comes into Court, case transferred to the Magistrate Sessin. Event Result:: Initial Probation Surrender Hearing scheduled on: 01/28/2022 09:00 AM Has been: Rescheduled For the following reason: Transferred to another session (Magistrate) Hon. Joshua Wall, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, PO
  36. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation (AMENDED FILED)
  37. Defendant Comes into Court. After hearing, Continued by Agreement to 02/22/2022 at 9:00am re:FPS (Ctrm 704)(Live Hearing). Event Result:: Initial Probation Surrender Hearing scheduled on: 01/28/2022 10:33 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate C. Roberts, PO E. Winfrey, PO A. Iglehart, Atty. FTR 10:33am
  38. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation
  39. Released on Personal Recognizance Judge: Curley, Edward J
  40. Bail warnings read Judge: Curley, Edward J
  41. Attorney appearance On this date Scott W Niemisto, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe
  42. Attorney appearance On this date Judith Anne Iglehart, Esq. added as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe Appointment made for the purpose of Probation Surrender by Judge Edward J Curley.
  43. Defendant comes into court. Final surrender hearing held. Sayeed Notice given. Defendant found in violation. Defendant reprobated to original date of 09/03/2024. Same terms and conditions remain in effect. Court Ordered Added condition: 1. Monthly Counseling and Signed Releases Event Result:: Final Probation Surrender Hearing scheduled on: 02/22/2022 09:00 AM Has been: Held as Scheduled Hon. Joshua Wall, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, P.O. A. Inglehart, Atty FTR 10:30am
  44. List of exhibits
  45. Defendant, being represented by counsel, found in violation of conditions of probation after hearing, other action taken
  46. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation
  47. Defendant comes into court. Initial Probation Surrender held. Defendant surrendered by Probation Officer on this day. Attorney Veronica White appointed. After hearing, court finds probable cause regarding alleged violations. Defendant released on Personal Recognizance without prejudice in the sum of $100.00. Bail Warnings Given. Conditions Of Bail: 1) Remain in T.I.P Program Case continued by agreement to 06/07/2022 at 9am in court room 704; 1st Session Re: Final Probation (Non Custody; Live) Event Result:: Initial Probation Surrender Hearing scheduled on: 04/25/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate K. Kahn, ADA (Live) V. White, Atty (Live) FTR 9:36am/11:04am
  48. Bail warnings read
  49. Released on Personal Recognizance with the following conditions: Other Special Condition Conditions of Bail: - Remain in T.I.P Program
  50. Attorney appearance On this date Veronica J White, Esq. added as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe Appointment made for the purpose of Probation Surrender by Judge Stacey Pichardo.
  51. Findings and Order of Statutory Fees Judge: Pichardo, Stacey
  52. Defendant comes into court live. (non custody) Court finds no violation. Defendant reprobated to original end date of 9/30/24. Event Result:: Final Probation Surrender Hearing scheduled on: 06/07/2022 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, PO V. White, Atty FTR: 12:21pm
  53. Defendant 's Motion Requesting Travel Out of State for Employment Purposes, filed and allowed.
  54. Defendant comes into court live, non-custody. Initial Probation Surrender held. Defendant is surrendered by probation on this day. The Court finds probable cause for violations of the terms and condition of probation. Case continued by agreement to 11-2-22 at 9am in courtroom 704 for a Final Probation Surrender. (Live, Non-Custody) Event Result:: Initial Probation Surrender Hearing scheduled on: 09/29/2022 04:02 PM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: James Oliver, Sessions Clerk E. Monteiro for E. Winfrey, PO (Live) M. Stanley, Atty (Live) FTR: 4:02pm, 4:14pm
  55. Legal Counsel Fee Waived. Judge: Pichardo, Stacey
  56. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation Judge: Pichardo, Stacey
  57. Released on Personal Recognizance Conditions of Release: 1. Continue with the Gavin Foundation 2. Continue with TIP Program Judge: Pichardo, Stacey
  58. Attorney appearance On this date Veronica J White, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe
  59. Attorney appearance On this date Judith Anne Iglehart, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe
  60. Attorney appearance On this date Megan Elyse Stanley, Esq. added as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe Appointment made for the purpose of Probation Surrender by Judge Stacey Pichardo.
  61. Findings and Order of Statutory Fees Legal Counsel Fee of $150.00 is waived. Judge: Pichardo, Stacey
  62. Bail warnings read Judge: Pichardo, Stacey
  63. Defendant comes into court. Final Probation Surrender not held. Case continued by agreement to 12-14-22 at 2pm in courtroom 704 for a Final Probation Surrender. (Live, Non-Custody) Event Result:: Final Probation Surrender Hearing scheduled on: 11/02/2022 09:00 AM Has been: Not Held For the following reason: Joint request of parties Hon. Mark A Hallal, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, PO M. Stanley, Atty FTR: 10:42am
  64. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation
  65. Defendant came into court live, non-custody. Conference to review status held. Case brought forward by probation on this day to file amended notice of surrender. Case continued by agreement to 12/7/2022 at 9am for an initial probation surrender in the Magistrate session, courtroom 705. Non-custody, live. NOTE: PO Winfrey to notify Atty Stanley. Event Result:: Conference to Review Status scheduled on: 12/01/2022 04:08 PM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: Michelle Pierce, Deputy Assistant Clerk E. Winfrey, PO (Live) FTR: 4:08pm
  66. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation Judge: Pichardo, Stacey Applies To: Stanley, Esq., Megan Elyse (Attorney) on behalf of Burhoe, Mark Anthony (Defendant); Leson, Esq., Ian M (Attorney) on behalf of Suffolk County District Attorney (Prosecutor)
  67. Defendant comes into court live, Initial Surrender held Probable cause found as to Violation regarding Cocaine, NOT FOUND as to violations regarding Creatinine Case continued to next scheduled date of 12/14/22 at 2PM in First Session (Courtroom 704) for Final Surrender (Live, Non-Custody) Event Result:: Initial Probation Surrender Hearing scheduled on: 12/07/2022 09:00 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: Michelle Pierce, Assistant Clerk PO E. Winfrey live Atty M. Stanley live FTR: 9:41 AM, 2:09 PM
  68. Released on Personal Recognizance without prejudice with the same terms and conditions. Judge: Curley, Edward J
  69. Bail warnings read
  70. Defendant comes into court live. (non custody) Final Surrender Hearing held. Sayyid notice read. Defendant found in violation after stipulation. Probation continued to original end date of 9/30/24. Added conditions of probation: 1. Therapy meetings 2x per month at the Gavin Foundation All other terms and conditions apply Event Result:: Final Probation Surrender Hearing scheduled on: 12/14/2022 02:00 PM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, PO M. Stanley, Atty FTR: 2:54pm
  71. Pro Se Defendant 's Motion to Have Alcohol Removed from Probation Stipulations, filed. (defendant given notice in hand) (PO E. Winfrey notified via email) (ADA D. McGowan notified via email)
  72. Defendant comes into court. Motion hearing held. After hearing, paper #22 DENIED. Event Result:: Motion Hearing scheduled on: 03/02/2023 02:00 PM Has been: Held as Scheduled Hon. Joshua Wall, Presiding Staff: James Pardi, Assistant Clerk Magistrate G. Bergen, ACPO J. McCarthy, ADA Pro Se Defendant FTR 3:25pm
  73. Endorsement on Pro Se Defendant 's Motion to Have Alcohol Removed from Probation Stipulations, (#22.0): DENIED Denied after hearing.
  74. Probation files Notice of Surrender and hearing(s) for alleged violation(s) of probation
  75. Defendant comes into court live. Initial Surrender held. Case continued by agreement to 6/7/23 at 2PM in First Session (Courtroom 704) for Final Surrender (Non-Custody, Live) Event Result:: Initial Probation Surrender Hearing scheduled on: 04/11/2023 09:00 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: Michelle Pierce, Assistant Clerk PO E. Winfrey live Atty M. Chamblee live FTR: 9:20 AM
  76. Attorney appearance On this date Megan Elyse Stanley, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe
  77. Attorney appearance On this date Marcus Clay Chamblee, Esq. added as Appointed - Indigent Defendant for Defendant Mark Anthony Burhoe Appointment made for the purpose of Probation Surrender by Judge Edward J Curley.
  78. Findings and Order of Statutory Fees $150 Legal Counsel Fee IMPOSED. Judge: Curley, Edward J
  79. Released on Personal Recognizance, set without prejudice. Judge: Curley, Edward J
  80. Bail warnings read
  81. Defendant not present in court. Case continued by agreement to 6/8/23 at 2PM in First Session (Courtroom 704) for Final Surrender (Live, Non-Custody) Event Result:: Final Probation Surrender Hearing scheduled on: 06/07/2023 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Michael Doolin, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate PO E. Winfrey
  82. Defendant comes into court. Final Probation Surrender held. Sayyid Notice read. Defendant stipulates to the violations. Defendant is reprobated to the original end date of 9-30-24 with the same terms and conditions. Event Result:: Final Probation Surrender Hearing scheduled on: 06/08/2023 02:00 PM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate E. Winfrey, PO M. Chamblee, Atty FTR: 2:03pm
  83. Probation Transfer Notice Received Case to Middlesex Superior Court, Indictments scanned, Filed
  84. Probation transfer accepted. Originating Court: Suffolk County Criminal Case Number: 2184CR00038 Receiving Court: Middlesex County Amt Owed: 390.0 Amt Paid: 0.0 Amt Dismissed: 0.0 Balance: 390.0 ;
  85. Copies of original Docket Report from Suffolk County received on 07/11/2023.

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