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Case Information

Filed 2021-12-29
Status Open
Type Indictment|B&e Building Nighttime For Felony C 266 §16
Docket 54 entries

Parties

Defendant Kagan, Brian E

Lawyers

Docket Entries

  1. Attorney appearance On this date Kimberly Gillespie, Esq. added as Attorney for the Commonwealth for Prosecutor Essex County District Attorney
  2. Indictment(s) returned
  3. Attorney appearance On this date Kristen Jane Graves, Esq. added for Defendant Brian E Kagan
  4. Attorney appearance On this date Mark Brunswick Schmidt, Esq. added as Appointed - Indigent Defendant for Defendant Brian E Kagan Appointment made for the purpose of Case in Chief by Judge Hon. Salim Tabit.
  5. Event Result:: Arraignment scheduled on: 02/11/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K MF Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  6. Defendant arraigned before Court. Judge: Tabit, Hon. Salim
  7. Defendant waives reading of indictment Judge: Tabit, Hon. Salim
  8. Plea of not guilty entered on all charges. Judge: Tabit, Hon. Salim
  9. Bail warnings read Judge: Tabit, Hon. Salim
  10. Order for the transmittal of Bail sent to the clerk of the Lynn District Court. Please send $1,000 cash bail to Salem Superior Court. CONDITIONS OF RELEASE: 1. Stay away from 9 Burch Street Marblehead, MA. No contact with Brendan Sheehan Set by agreement.
  11. The following form was generated: Order for Transmittal of Bail Sent On: 02/11/2022 10:42:46
  12. Case assigned to: DCM Track A - Standard was added on 02/11/2022
  13. Finding and Order on Bail: Judge: Tabit, Hon. Salim
  14. Commonwealth 's Notice of Automatic Discovery
  15. Event Result:: Pre-Trial Conference scheduled on: 03/31/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K CH - CPCS allowed to withdraw. Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  16. Attorney appearance On this date Mark Brunswick Schmidt, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Brian E Kagan
  17. Attorney appearance On this date Kristen Jane Graves, Esq. dismissed/withdrawn for Defendant Brian E Kagan
  18. Event Result:: Hearing for Appearance / Appointment of Counsel scheduled on: 04/20/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  19. Attorney appearance On this date Ronald J Ranta, Esq. added as Appointed - Indigent Defendant for Defendant Brian E Kagan Appointment made for the purpose of Case in Chief by Judge Hon. Thomas Drechsler.
  20. Event Result:: Hearing on Compliance scheduled on: 05/19/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  21. Event Result:: Motion Hearing scheduled on: 06/23/2022 10:30 AM Has been: Not Held For the following reason: Other event activity needed Comments: FTR K CH Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  22. Defendant 's Motion for Fingerprint Analysis
  23. Event Result:: Filing of Motions scheduled on: 08/10/2022 09:45 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Kathleen McCarthy-Neyman, Presiding Staff: Lisa Partelow, Assistant Clerk
  24. Defendant 's Motion to Suppress Identification. Affidavit filed in support of
  25. Defendant 's Motion to Suppress Evidence After A Warrantless Search. Affidavit filed in support of
  26. Event Result:: Evidentiary Hearing on Suppression scheduled on: 10/17/2022 09:30 AM Has been: Rescheduled For the following reason: Transferred to another session Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  27. Case sent to Essex Superior - LAWRENCE Location.
  28. Event Result:: Evidentiary Hearing on Suppression scheduled on: 10/17/2022 11:00 AM Has been: Rescheduled For the following reason: Request of Defendant Comments: Defendant late. Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  29. Matter taken under advisement: Evidentiary Hearing on Suppression scheduled on: 11/01/2022 02:00 PM Has been: Held - Under advisement Comments: Def, def counsel, ADA in court for hearing on defendant's Motions to Suppress (#7, #8). Evidence admitted. FTR "4" (no court monitor). Hon. C. William Barrett, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  30. List of exhibits admitted at Motion to Suppress hearing
  31. Event Result:: Conference to Review Status scheduled on: 11/17/2022 10:00 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  32. MEMORANDUM & ORDER: Memorandum of Decision and Order on Defendant's Motion to Suppress (Papers No. 7 and 8) After hearing and consideration of the defendant's motions and supporting affidavits, the testimony and evidence introduced at the hearing, and the arguments of counsel, the motions are DENIED. (C. William Barrett, Justice.) [Emailed to K. Gillespie, R. Ranta] Judge: Barrett, Hon. C. William
  33. Case sent to Essex Superior - SALEM Location.
  34. Defendant 's Motion to Continue Filed and ALLOWED. Tabit, J.
  35. Event Result:: Conference to Review Status scheduled on: 12/09/2022 10:00 AM Has been: Rescheduled For the following reason: By Court prior to date Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  36. Event Result:: Conference to Review Status scheduled on: 01/17/2023 09:30 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  37. Warrant held until 03/10/2023 at 12:00pm. Event Result:: Trial Assignment Conference scheduled on: 03/09/2023 10:15 AM Has been: Not Held For the following reason: Defendant defaulted Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  38. Event Result:: Conference to Review Status scheduled on: 03/10/2023 12:00 PM Has been: Held as Scheduled For the following reason: Defendant defaulted Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  39. Issued: Default Warrant issued on 03/10/2023 for Kagan, Brian E Judge: Drechsler, Hon. Thomas
  40. Notice sent to the defendant and Surety regarding a BAIL FORFEITURE HEARING scheduled for 03/24/2023 09:30 AM Hearing for Fugitive/Bail Forfeiture. If the defendant FAILS to appear on that date and time the $1,000.00 cash bail you posted will be FORFEITED to the Treasurer of the Commonwealth. Copies mailed: Alan Kagan 7 Leo Road Marblehead, MA 01945 Judge: Drechsler, Hon. Thomas
  41. Event Result:: Hearing for Warrant Removal scheduled on: 03/13/2023 11:30 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  42. The defendant\petitioner is committed without bail for the following reason: Per Order of the Court. Without prejudice.
  43. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 03/24/2023 11:30 AM Hearing for Fugitive/Bail Forfeiture. ****PLEASE TRANSPORT****
  44. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 03/22/2023 11:00 AM Conference to Review Status. IN PERSON TRANSPORT PLEASE
  45. Attorney appearance On this date Kimberly Gillespie, Esq. dismissed/withdrawn as Attorney for the Commonwealth for Prosecutor Essex County District Attorney
  46. Attorney appearance On this date Andrew Joseph Camelio, Esq. added as Attorney for the Commonwealth for Prosecutor Essex County District Attorney
  47. Event Result:: Conference to Review Status scheduled on: 03/22/2023 11:00 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  48. Event Result:: Hearing for Fugitive/Bail Forfeiture scheduled on: 03/24/2023 11:30 AM Has been: Not Held For the following reason: Joint request of parties Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  49. Habeas Corpus for defendant issued to Essex County House of Correction returnable for 03/28/2023 11:30 AM Conference to Review Status. *****PLEASE TRANSPORT*****
  50. Bail hearing held. Bail increased to $5,000 cash. Event Result:: Conference to Review Status scheduled on: 03/28/2023 11:30 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  51. Bail set at $0.00 Surety, $5,000.00 Cash. *Note: $1,000 cash bail has already been posted. Judge: Drechsler, Hon. Thomas
  52. Bail warnings read Judge: Drechsler, Hon. Thomas
  53. Issued on this date: Mittimus in Lieu of Bail Sent On: 03/28/2023 12:01:16
  54. Event Result:: Trial Assignment Conference scheduled on: 05/11/2023 10:00 AM Has been: Held as Scheduled Comments: FTR K LP Hon. Kristen Buxton, Presiding Staff: Lisa Partelow, Assistant Clerk

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Full Analytics Report

  • Complete case narrative
  • Judge details and rulings
  • Case disposition and outcome
  • All docket entries
  • Related cases and filings
$20
One-time purchase