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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-23
Status Open
Type Indictment|Manslaughter C 265 §13
Docket 118 entries

Parties

Defendant Carabello, Edgardo

Lawyers

Docket Entries

  1. Attorney appearance On this date Andrew Joseph Camelio, Esq. added as Attorney for the Commonwealth for Prosecutor Essex County District Attorney
  2. Indictment(s) returned
  3. Attorney appearance On this date David L Larsen, Esq. added as Appointed - Indigent Defendant for Defendant Edgardo Carabello
  4. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 02/14/2022 11:00 AM Arraignment. VIDEO
  5. Appointment made for the purpose of Case in Chief by Judge Hon. Jeffrey Karp.
  6. Event Result:: Arraignment scheduled on: 02/14/2022 11:00 AM Has been: Held as Scheduled Comments: FTR K CH Hon. Jeffrey Karp, Presiding Staff: Lisa Partelow, Assistant Clerk
  7. Defendant arraigned before Court. Judge: Karp, Hon. Jeffrey
  8. Defendant waives reading of indictment Judge: Karp, Hon. Jeffrey
  9. Plea of not guilty entered on all charges. Judge: Karp, Hon. Jeffrey
  10. Bail set at $0.00 Surety, $250,000.00 Cash. Without prejudice.
  11. Issued on this date: Mittimus in Lieu of Bail Sent On: 02/14/2022 11:28:08
  12. Habeas Corpus for defendant issued to Worcester County House of Correction returnable for 02/23/2022 12:00 PM Bail Hearing. IN PERSON TRANSPORT PLEASE
  13. Defendant 's Motion for Bail
  14. Event Result:: Bail Hearing scheduled on: 02/23/2022 12:00 PM Has been: Rescheduled For the following reason: Joint request of parties Comments: FTR K CH Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  15. Defendant 's Motion for Funds to Hire Investigator I. Affidavit of Counsel filed
  16. Defendant 's Motion (Amended) for Bail. [CD Attached]
  17. Habeas Corpus for defendant issued to Worcester County House of Correction returnable for 03/03/2022 11:00 AM Bail Hearing. * In Person Transport Please *
  18. Matter taken under advisement: Bail Hearing scheduled on: 03/03/2022 11:00 AM Has been: Held - Under advisement Comments: FTR K CH Hon. Jeffrey Karp, Presiding Staff: Lisa Partelow, Assistant Clerk
  19. Endorsement on Motion for Funds to Hire Investigator I, (#4.0): ALLOWED
  20. Habeas Corpus for defendant issued to Worcester County House of Correction returnable for 03/08/2022 12:00 PM Bail Hearing. In Person
  21. Event Result:: Bail Hearing scheduled on: 03/08/2022 12:00 PM Has been: Held as Scheduled Comments: FTR K CH Hon. Kathleen McCarthy-Neyman, Presiding Staff: Lisa Partelow, Assistant Clerk
  22. Event Result:: Bail Hearing scheduled on: 04/06/2022 09:30 AM Has been: Not Held For the following reason: By Court prior to date Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  23. Bail set at $0.00 Surety, $50,000.00 Cash. BAIL CONDITIONS: 1. Must sign waiver of rendition and extradition form 2. ** Surrender passport prior to release ** 3. Obey all state, local and federal laws and court orders 4. Notify the probation department immediately of any change of address or contact information 5. No false statements to any officer of the court 6. Do not possess any firearm, dangerous weapon or other destructive devices 7. Reside at Nashua, NH address 8. Report to the probation department in person once (1) a week
  24. Issued on this date: Mittimus in Lieu of Bail Sent On: 03/08/2022 12:20:41
  25. Bail warnings read Judge: McCarthy-Neyman, Hon. Kathleen
  26. Finding and Order on Bail: Judge: Karp, Hon. Jeffrey
  27. ORDER of Pre-Trial Conditions of Release Judge: Karp, Hon. Jeffrey
  28. Event Result:: Pre-Trial Conference scheduled on: 04/08/2022 09:30 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  29. Event Result:: Hearing RE: Discovery Motion(s) scheduled on: 05/17/2022 09:30 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  30. Scheduled: Judge: Tabit, Hon. Salim Event: Jury Trial Date: 12/05/2022 Time: 09:30 AM Result: Rescheduled
  31. Event Result:: Conference to Review Status scheduled on: 09/06/2022 09:30 AM Has been: Held as Scheduled Comments: FTR K Hon. Kathleen McCarthy-Neyman, Presiding Staff: Lisa Partelow, Assistant Clerk
  32. Defendant 's Motion for Exculpatory Evidence Interstate Identification Index System "Triple III" Records of Civilian Witnesses
  33. Endorsement on Motion for Exculpatory Evidence Interstate Identification Index System "Triple III" Records of Civilian Witnesses, (#10.0): ALLOWED 9/6/2022: After hearing and by agreement motion is ALLOWED.
  34. ORDER: Judicial Order for Interstate Identification Index System "Triple III" Records of Civilian Witnesses
  35. Defendant 's Motion for Board of Probation Records of Commonwealth's Civilian Witnesses
  36. Endorsement on Motion for Board of Probation Records of Commonwealth's Civilian Witnesses, (#12.0): ALLOWED 9/6/2022: After hearing motion is ALLOWED by agreement.
  37. Defendant 's Motion for Dates of Birth and Addresses of Commonwealth's Civilian Witnesses
  38. Endorsement on Motion for Dates of Birth and Addresses of Commonwealth's Civilian Witnesses, (#13.0): ALLOWED 9/6/2022: After hearing ALLOWED by agreement.
  39. Docket Note: endorsements on pleadings 10, 11, 12, 13 emailed to Atty. D.Larsen
  40. Endorsement on for Exculpatory Evidence Interstate Identification Index System "Triple III" Records of Civilian Witnesses, (#10.0): ALLOWED [copy of endorsement given to probation]
  41. AMENDED ORDER: Judicial Order for Interstate Identification Index System "Triple III" Records of Civilian Witnesses [copy of endorsement given to probation]
  42. Event Result:: Final Pre-Trial Conference scheduled on: 11/07/2022 09:30 AM Has been: Rescheduled For the following reason: By Court prior to date Comments: Judges' Conference. Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  43. Defendant 's Motion for Board of Probation records of Commonwealth's Civilian Witnesses
  44. Event Result:: Final Pre-Trial Conference scheduled on: 11/08/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  45. Commonwealth, Defendant 's Joint Submission of Final Pre Trial Conference
  46. Endorsement on Motion for Board of Probation Records of Commonwealth's Civilian Witnesses, (#14.0): ALLOWED Judge: Tabit, Hon. Salim
  47. Defendant 's (pro se) letter to the court entitled "Motion For Reserve all Constitutional Rights for the Defendant for Guarantees a Fair Trial"
  48. Case sent to Essex Superior - LAWRENCE Location.
  49. Event Result:: Jury Trial scheduled on: 12/05/2022 09:00 AM Has been: Rescheduled For the following reason: Transferred to another session Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  50. Scheduled: Judge: Barrett, Hon. C. William Event: Jury Trial Date: 12/06/2022 Time: 08:30 AM Result: Held as Scheduled
  51. Request for jurors
  52. Event Result:: Jury Trial scheduled on: 12/05/2022 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  53. Habeas Corpus for defendant issued to Middlesex County House of Correction returnable for 12/01/2022 12:00 PM Final Trial Conference. Zoom habe please 160 155 9985 359637
  54. Commonwealth 's Motion in Limine to Permit In-Court Identification
  55. Defendant 's Motion to Sequester Commonwealth's Potential Witnesses
  56. Defendant 's Motion for Promises, Rewards, or Inducements
  57. Defendant 's Motion for Board of Probation Record of Commonwealth's Civilian Witness
  58. Defendant 's Motion in Limine to Cross-Examine Commonwealth's Civilian Witness Regarding Pending Cases in the Lawrence District Court
  59. Defendant 's Motion in Limine to Admit Excited Utterance Statement of Eyewitness to Confrontation Between the Defendant Edgardo Carabello, Edgardo M. Garcia, and the Decedent Eddy Novo
  60. Defendant 's Motion for Funds to Hire Spanish Speaking Interpreter
  61. Defendant 's Motion in Limine to Exclude Reference to the Decedent Eddy Novo as a "Victim" Throughout the Trial
  62. Defendant 's Motion in Limine to Admit State of Mind Evidence
  63. Defendant 's Motion in Limine to Exclude or Limit Autopsy Photographs
  64. Endorsement on Defendant's Motion for Funds to Hire Spanish Speaking Interpreter, (#24.0): ALLOWED Judge: Barrett, Hon. C. William
  65. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/06/2022 08:30 AM Jury Trial. Please transport to Lawrence Superior on the FIRST BUS for trial.
  66. Habeas corpus for witness, Edgardo M Garcia, issued to Essex County House of Correction. Returnable on 12/07/2022 09:00 AM Jury Trial. **NOTE: MUST BE KEPT SEPARATELY FROM EDGARDO CARABELLO** Please transport to Lawrence Superior. Judge: Barrett, Hon. C. William
  67. Interpreter present Deborah Daniell, Spanish, present on Zoom and sworn
  68. Commonwealth 's Motion for a View
  69. Event Result:: Final Trial Conference scheduled on: 12/01/2022 12:00 PM Has been: Held via Video/Teleconference Comments: Def, def counsel, ADA, Spanish interpreter on Zoom. Hearing held on MILs and discussion re schedule - see record and endorsements for discussion and rulings. FTR "4" (no court monitor). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  70. Endorsement on Commonwealth's Motion for a View, (#30.0): ALLOWED Judge: Barrett, Hon. C. William
  71. Endorsement on Defendant's Motion in Limine to Exclude or Limit Autopsy Photographs, (#27.0): Not relevant - no autopsy pictures will be offered into evidence. (C. William Barrett, Justice.) Judge: Barrett, Hon. C. William
  72. Endorsement on Defendant's Motion in Limine to Admit State of Mind Evidence, (#26.0): ALLOWED. No objection by the Commonwealth provided the information comes in through the appropriate witness. (C. William Barrett, Justice.) Judge: Barrett, Hon. C. William
  73. Endorsement on Defendant's Motion in Limine to Cross-Examine Commonwealth's Civilian Witness Regarding Pending Cases in the Lawrence District Court, (#22.0): Reserved - see court's ruling for pleading #20. (C. William Barrett, Justice.) Judge: Barrett, Hon. C. William
  74. Endorsement on Defendant's Motion for Promises, Rewards, or Inducements, (#20.0): Reserved - the Defendant shall be allowed to question Mr. Garcia during an individual voir dire. (C. William Barrett, Justice.) Judge: Barrett, Hon. C. William
  75. Endorsement on Defendant's Motion in Limine to Exclude Reference to the Decedent Eddy Novo as a "Victim" Throughout the Trial, (#25.0): Allowed in part. The Commonwealth shall make reasonable efforts to avoid calling Mr. Nova "the victim." (C. William Barrett, Justice.) Judge: Barrett, Hon. C. William
  76. Endorsement on Defendant's Motion for Board of Probation Record of Commonwealth's Civilian Witness, (#21.0): ALLOWED Judge: Barrett, Hon. C. William
  77. Endorsement on Defendant's Motion in Limine to Admit Excited Utterance Statement of Eyewitness to Confrontation Between the Defendant Edgardo Carabello, Edgardo M. Garcia, and the Decedent Eddy Novo, (#23.0): Reserved Judge: Barrett, Hon. C. William
  78. Endorsement on Defendant's Motion to Sequester Commonwealth's Potential Witnesses, (#19.0): ALLOWED Judge: Barrett, Hon. C. William
  79. Endorsement on Commonwealth's Motion in Limine to Permit In-Court Identification, (#18.0): ALLOWED Judge: Barrett, Hon. C. William
  80. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/06/2022 08:30 AM Jury Trial. Please Transport to Lawrence Superior Court **First Bus** for trial Please Thank you
  81. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/07/2022 09:00 AM Jury Trial. Please Transport to Lawrence Superior Court **First Bus** for trial Thank you
  82. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/08/2022 09:00 AM Jury Trial. Please Transport to Lawrence Superior Court **First Bus** for trial Thank you
  83. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/09/2022 09:00 AM Jury Trial. Please Transport to Lawrence Superior Court **First Bus** for trial Thank you
  84. Interpreter present Neomi Cano, Spanish, present in court and sworn
  85. Event Result:: Jury Trial scheduled on: 12/06/2022 08:30 AM Has been: Held as Scheduled Comments: TRIAL DAY 1. Case called to trial. Defendant set to the bar. Jury empanelment begins and concludes. FTR "4" (no court monitor). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  86. Scheduled: Judge: Barrett, Hon. C. William Event: Jury Trial Date: 12/12/2022 Time: 08:30 AM Result: Canceled
  87. Interpreter present Neomi Cano, Spanish, present in court and sworn
  88. Event Result:: Jury Trial scheduled on: 12/07/2022 09:00 AM Has been: Held as Scheduled Comments: TRIAL DAY 2. Jury sworn. Pre-charge. Openings. Evidence begins. FTR "4" (no court monitor). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  89. Habeas corpus for witness, Edgardo M Garcia, issued to Essex County House of Correction. Returnable on 12/08/2022 09:00 AM Jury Trial. Please transport to Lawrence Superior - SECOND BUS ** MUST BE KEPT SEPARATELY FROM EDGARDO CARABELLO ** Judge: Barrett, Hon. C. William
  90. Interpreter present Neomi Cano, Spanish, present in court and sworn
  91. Event Result:: Jury Trial scheduled on: 12/08/2022 09:00 AM Has been: Not Held For the following reason: Plea Offered Comments: Def, def counsel, ADA, Spanish interpreter in court. Defendant tenders a plea on the indictment on an INVOLUNTARY theory. Continued for sentencing. FTR "4" (no court monitor). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  92. Defendant waives rights. Judge: Barrett, Hon. C. William
  93. Plea colloquy given. Judge: Barrett, Hon. C. William
  94. Finding on plea of guilty. Judge: Barrett, Hon. C. William
  95. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Barrett, Hon. C. William
  96. Defendant warned pursuant to the habitual offender statute G.L. c. 279, § 25(d) Judge: Barrett, Hon. C. William
  97. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Barrett, Hon. C. William
  98. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Barrett, Hon. C. William
  99. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 12/15/2022 02:00 PM Hearing for Sentence Imposition. Please transport to Lawrence Superior. Thanks
  100. Event Result:: Jury Trial scheduled on: 12/09/2022 09:00 AM Has been: Canceled For the following reason: Case Disposed Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  101. Event Result:: Jury Trial scheduled on: 12/12/2022 08:30 AM Has been: Canceled For the following reason: Case Disposed Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  102. List of exhibits admitted at jury trial
  103. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court. Defendant has plead guilty and is awaiting sentencing. All prior orders of bail revoked.
  104. Offense Disposition:: Charge #1 MANSLAUGHTER c265 §13 On: 12/08/2022 Judge: Hon. C. William Barrett By: Hearing on Plea Offer/Change Guilty Plea - Agreed Upon - to Involuntary Manslaughter
  105. Defendant 's Sentencing Memorandum and Recommendation and exhibits
  106. Defendant 's Motion to Seal/Impound Medical and Mental Health Treatment Records and Defense Sentencing Memorandum
  107. Event Result:: Hearing for Sentence Imposition scheduled on: 12/15/2022 02:00 PM Has been: Held as scheduled Comments: Def, def counsel, ADA, Spanish interpreter in court. Commonwealth moves for sentencing. Victim impact statements given and sentencing recommendations made. FTR "4" (Peggy Verville). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  108. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Barrett, Hon. C. William
  109. Interpreter present Rose Batista, Spanish, present in court and sworn
  110. Endorsement on Defendant's Motion to Seal/Impound Medical and Mental Health Treatment Records and Defense Sentencing Memorandum, (#41.0): ALLOWED Judge: Barrett, Hon. C. William
  111. Defendant sentenced:: Sentence Date: 12/15/2022 Judge: Hon. C. William Barrett Charge #: 1 MANSLAUGHTER c265 §13 State Prison Sentence Not Less Than: 3 Years, 4 Months, 0 Days Not More Than: 5 Years, 0 Months, 0 Days Committed to Souza Baranowski Correctional Center Credits 426 Days Further Orders of the Court: Having plead guilty to manslaughter on an involuntary theory, the defendant is sentenced to 3yr, 4 mos to 5 years. Credit is by agreement and order of the court.
  112. Issued on this date: Mittimus for Sentence (All Charges) Sent On: 12/15/2022 15:37:28
  113. Findings and Order of Statutory Fees $90 VWF $110 DNA $150 LCF ALL WAIVED Judge: Barrett, Hon. C. William
  114. Jail credit given as per G. L. c. 279, § 33A: 426 days (10/15/2021 - 12/15/2022), by agreement and order of the court Judge: Barrett, Hon. C. William
  115. Case sent to Essex Superior - SALEM Location.
  116. Notice of appeal from sentence to Souza Baranowski Correctional Center filed by defendant
  117. Notification to the Appellate Division sent.
  118. Defendant 's Motion to Revise and Revoke Affidavit of Counsel Included

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