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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-22
Status Open
Type Probation Transfer|Rape Of Child C 265 §23
Docket 79 entries

Parties

Defendant Rivera, Brandon L

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Event Result:: Arraignment scheduled on: 07/10/2018 09:00 AM Has been: Held as Scheduled Hon. Thomas F McGuire, Jr., Presiding Appeared: Prosecutor Lesly Ann Leahy, Esq., Defendant Brandon Rivera Kari D Cincotta, Esq., Appointed - Indigent Defendant Staff: Valerie A Brodeur, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 07/10/2018 09:00 AM
  3. Scheduled: Judge: McGuire, Jr., Hon. Thomas F Event: Bail (58A) Date: 07/19/2018 Time: 09:00 AM Result: Not Held
  4. Attorney appearance On this date Kari D Cincotta, Esq. added as Appointed - Indigent Defendant for Defendant Brandon Rivera Appointment made for the purpose of Case in Chief by Judge Hon. Thomas F McGuire, Jr..
  5. Commonwealth 's Motion for Order of Pre-trial Detention
  6. Defendant arraigned before Court. Judge: McGuire, Jr., Hon. Thomas F
  7. Defendant waives reading of indictment Judge: McGuire, Jr., Hon. Thomas F
  8. Plea of not guilty entered on all charges. Judge: McGuire, Jr., Hon. Thomas F
  9. The defendant\petitioner is committed without bail for the following reason: Pending dangerousness hearing. Judge: McGuire, Jr., Hon. Thomas F
  10. Event Result:: Bail (58A) scheduled on: 07/19/2018 09:00 AM Has been: Not Held For the following reason: Transferred to another session Hon. Thomas F McGuire, Jr., Presiding Appeared: Staff: Valerie A Brodeur, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter Judge: McGuire, Jr., Hon. Thomas F
  11. Event Result:: Bail (58A) scheduled on: 07/19/2018 09:00 AM Has been: Held as scheduled Hon. Raffi N Yessayan, Presiding Appeared: Prosecutor Lesly Ann Leahy, Esq., Defendant Brandon Rivera Kari D Cincotta, Esq., Appointed - Indigent Defendant Staff: Digital Recording Device Bris CR 2, Court Reporter 07/19/2018 09:00 AM Judge: Yessayan, Hon. Raffi N
  12. List of exhibits regarding 58A hearing held on July 19, 2018
  13. Commonwealth 's Motion for Order of Pre-trial Detention AMENDED
  14. Commonwealth 's Motion for a Protective Order
  15. Commonwealth 's Motion for Court Order RE: DCF 51A & B Report
  16. Commonwealth 's Motion for Court Order RE: Discovery of Video Recordings
  17. Commonwealth 's Motion for Protective Order RE: Pediatric Sexual Assault Nurse Examiner (Pedisane) Records
  18. Defendant 's Motion for Inspection to Rule 14
  19. Defendant 's Motion for Preservation of Evidence
  20. Defendant 's Notice of Order to Preserve Evidence: Diman Regional Vocational School
  21. The defendant\petitioner is committed without bail for the following reason: Held due to dangerousness C.276 § 58A. Judge: Yessayan, Hon. Raffi N
  22. Endorsement on Motion for Inspection to Rule 14, (#12.0): Allowed as long as arrangements are made with the police and all protective orders are abided by. Judge: Yessayan, Hon. Raffi N
  23. Endorsement on Motion for Preservation of Evidence, (#13.0): ALLOWED Judge: Yessayan, Hon. Raffi N
  24. Endorsement on Notice of Order to Preserve Evidence: Diman Regional Vocational School, (#14.0): Allowed to the extent that Diman is ordered not to take any actions that may alter or destroy Ms. Davis's g-mail account. Judge: Yessayan, Hon. Raffi N
  25. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq.
  26. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq.
  27. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq.
  28. Event Result:: Pre-Trial Conference scheduled on: 08/22/2018 09:00 AM Has been: Held as Scheduled Hon. Thomas F McGuire, Jr., Presiding Appeared: Prosecutor ADA Kristen Wiley covered for Lesly Ann Leahy, Esq., Defendant Kari D Cincotta, Esq., Appointed - Indigent Defendant Staff: Valerie A Brodeur, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter Judge: McGuire, Jr., Hon. Thomas F
  29. Defendant 's Motion to Modify Protective Order: Transcription of Video Recordings
  30. Endorsement on Motion to Modify Protective Order: Transcription of Video Recordings, (#17.0): ALLOWED Judge: McGuire, Jr., Hon. Thomas F
  31. Defendant 's EX PARTE Motion for funds for an Expert in Computer Forensics and Affidavit in Support
  32. Endorsement on Motion for funds for an Expert in Computer Forensics, (#18.0): ALLOWED Judge: McGuire, Jr., Hon. Thomas F
  33. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  34. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  35. Sent to Registry of Motor Vehicles, Department of Revenue and Department of Transitional Assistance: Notice of Unpaid Legal Counsel Fees Sent On: 09/06/2018 09:09:26
  36. Event Result:: Pre-Trial Hearing scheduled on: 09/14/2018 09:00 AM Has been: Held as Scheduled Hon. Thomas F McGuire, Jr., Presiding Appeared: Prosecutor Lesly Ann Leahy, Esq., Defendant Kari D Cincotta, Esq., Appointed - Indigent Defendant Staff: Valerie A Brodeur, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 09/14/2018 09:00 AM
  37. Defendant 's Motion for Discovery: Cell Phone Extraction Information
  38. Endorsement on Motion for Discovery: Cell Phone Extraction Information, (#19.0): Allowed by agreement. Judge: McGuire, Jr., Hon. Thomas F
  39. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  40. Defendant 's Motion for Discovery: Reports Concerning All Searches of Cell Phones
  41. Endorsement on Motion for Discovery: Reports Concerning All Searches of Cell Phones, (#20.0): Allowed by agreement. Judge: McGuire, Jr., Hon. Thomas F
  42. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  43. Event Result:: Hearing on Compliance scheduled on: 10/05/2018 09:00 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Appeared: Staff: Valerie A Brodeur, Assistant Clerk Magistrate Mark A Ferriera, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 10/05/2018 09:00 AM
  44. Commonwealth 's Motion for a Protective Order.
  45. Endorsement on Motion for a Protective Order, (#21.0): ALLOWED Judge: Hallal, Hon. Mark A
  46. Pre-trial conference report filed
  47. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  48. Event Result:: Hearing RE: Discovery Motion(s) scheduled on: 10/22/2018 09:00 AM Has been: Not Held For the following reason: Request of Defendant Hon. Mark A Hallal, Presiding Appeared: Prosecutor Lesly Ann Leahy, Esq., Defendant Kari D Cincotta, Esq., Appointed - Indigent Defendant Staff: Valerie A Brodeur, Assistant Clerk Magistrate Mark A Ferriera, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 10/22/2018 09:00 AM
  49. Defendant 's Motion to Modify Protective Order: Pediatric SANE Report.
  50. Endorsement on Motion to Modify Protective Order, (#23.0): ALLOWED by agreement. Judge: Hallal, Hon. Mark A
  51. Defendant 's EX PARTE Motion for funds for an Expert in Pediatric Medicine and Affidavit in support. Judge: Hallal, Hon. Mark A
  52. Endorsement on Motion for funds , (#24.0): ALLOWED Judge: Hallal, Hon. Mark A
  53. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  54. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  55. Notice of docket entry received from Supreme Judicial Court JUDGMENT: denying relief under c211 s3 without a hearing, as on file. (Kafker, J.)
  56. Event Result:: Hearing for Change of Plea scheduled on: 11/16/2018 09:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Mark A Hallal, Presiding Appeared: Staff: Valerie A Brodeur, Assistant Clerk Magistrate Mark A Ferriera, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter
  57. Event Result:: Hearing for Change of Plea scheduled on: 12/06/2018 09:00 AM Has been: Held as scheduled Hon. Mark A Hallal, Presiding Appeared: Staff: Valerie A Brodeur, Assistant Clerk Magistrate Mark A Ferriera, Assistant Clerk Magistrate Erin J Tierney, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 12/06/2018 09:00 AM
  58. Defendant waives rights. Judge: Hallal, Hon. Mark A
  59. Offense Disposition:: Charge #1 RAPE OF CHILD c265 §23 265/23/A-1 On: 12/06/2018 Judge: Hon. Mark A Hallal By: Hearing on Plea Offer/Change Guilty Plea - Lesser Included Charge #2 INDECENT A&B ON PERSON 14 OR OVER c265 §13H On: 12/06/2018 Judge: Hon. Mark A Hallal By: Hearing on Plea Offer/Change Guilty Plea Charge #3 A&B c265 §13A(a) On: 12/06/2018 Judge: Hon. Mark A Hallal By: Hearing on Plea Offer/Change Guilty Plea Charge #4 CHILD PORNOGRAPHY, POSSESS c272 §29C On: 12/06/2018 Judge: Hon. Mark A Hallal By: Hearing on Plea Offer/Change Guilty Plea
  60. Defendant sentenced:: Sentence Date: 12/06/2018 Judge: Hon. Mark A Hallal Charge #: 1 RAPE OF CHILD c265 §23 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Committed to MCI - Cedar Junction (at Walpole) Credits 213 Days Financials: Victim/Witness Assessment on felony G.L. c. 258B, § 8. Amount $90.00
  61. Defendant sentenced:: Sentence Date: 12/06/2018 Judge: Hon. Mark A Hallal Charge #: 2 INDECENT A&B ON PERSON 14 OR OVER c265 §13H Served Consecutively Charge # 1 Case 1873CR214 Charge #: 3 A&B c265 §13A(a) Served Concurrently Charge # 2 Case 1873CR214 Charge #: 4 CHILD PORNOGRAPHY, POSSESS c272 §29C Served Concurrently Charge # 2 Case 1873CR214 Further Orders of the Court: Deft. to have special conditions of probation
  62. Defendant is subject to the following special conditions: Judge: Hallal, Hon. Mark A
  63. ORDER: of GPS Supervision Conditions
  64. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days.
  65. Defendant warned as to submission of DNA G.L. c. 22E, § 3
  66. Notice given to defendant of duty to register as a sex offender.
  67. Defendant warned pursuant to alien status, G.L. c. 278, § 29D.
  68. Defendant 's EX PARTE Motion for Immediate Production of Institutional Medical Records
  69. Defendant 's EMERGENCY Motion for relief from unlawful restraint pursuant to Mass.R.Civ.P. Crim.P. 30(A), Habeas Corpus, and Due Process: Affidavit of Counsel and Memorandum in Support of Emergency Motion for Relief from Unlawful Restraint
  70. ORDER: The Commonwealth shall file a written response to the Defendant's Rule 30 motion on or before June 11, 2020.
  71. Defendant 's EX PARTE Motion for Immediate Production of Institutional Medical Records
  72. ORDER: Immediate Production of Institutional Medical Records (copies to counsel)
  73. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: Kari D Cincotta, Esq. Attorney: Lesly Ann Leahy, Esq.
  74. Opposition to the Defendant's Emergency Motion for Release from Unlawful Restraint Pursuant to Mass.R.Cim.P.30(A), Habeas Corpus & Due Process; Affidavit in Support filed by Bristol County District Attorney
  75. Affidavit of of Counsel in Support of Emergency Motion for Relief from Unlawful Restraint Pursuant to Mass.R.Crim.P.30(A), Habeas Corpus, and Due Process (Additional)
  76. Order RE: COVID 19 Motion for Immediate Release DENIED See attached Order Findings and Order on the Defendant's Motion for Relief from unlawful Restraint pursuant to Mass. R. Crim. P. 30(A) Habeus Corpus and Due Process: it is hereby ORDERED that the Defendant's Emergency Motion for Relief from Unlawful Restraint Pursuant to Mass R. Crim. P. 30(a) Habeas Corpus and Due Process be DENIED Judge: Hallal, Hon. Mark A
  77. Probation Transfer Notice Received - case transferring to Middlesex
  78. Probation Transfer Review Complete
  79. Probation transfer accepted. Originating Court: Bristol County Case Number: 1873CR00214 Receiving Court: Hampshire County Amt Owed: 150.0 Amt Paid: 0.0 Amt Dismissed: 0.0 Balance: 150.0 ;

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