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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-25
Status Open
Type Probation Transfer|Rape Of Child C 265 §23
Docket 47 entries

Parties

Defendant Iacono, Donato

Lawyers

Docket Entries

  1. Attorney appearance On this date 02/18/2021 Gillespie, Esq., Kimberly added for Essex County District Attorney
  2. Indictment(s) returned
  3. Attorney appearance On this date Francis M Doran, Jr., Esq. added as Private Counsel for Defendant Donato Iacono
  4. Commonwealth 's Notice of Automatic Discovery
  5. Event Result:: Arraignment scheduled on: 03/17/2021 10:00 AM Has been: Held as Scheduled Comments: FTR CH Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk Danette Schrader, Assistant Clerk Magistrate
  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 set at $0.00 Surety, $12,500.00 Cash.
  10. Bail warnings read Judge: Tabit, Hon. Salim
  11. The following form was generated: Order for Transmittal of Bail Sent On: 03/17/2021 14:46:31
  12. Order for the transmittal of Bail sent to the clerk of the Lynn District Court. 12,500.00 Judge: Tabit, Hon. Salim
  13. Case assigned to: DCM Track C - Most Complex was added on 03/17/2021
  14. Finding and Order on Bail: Judge: Tabit, Hon. Salim def. allowed out for court, atty, med. visits GPS home confinement except for Reside @ 18 Sherman Terr. Natick Stay away/no contact w/victim Abide by restraining order No contact w/children under 16 GPS fee
  15. Commonwealth 's Motion to detain defendant without Bail Pursuant to MGL c.sec 58A
  16. Commonwealth 's Motion for court order RE: Discovery of DVDS/Videotapes
  17. Commonwealth 's Notice of Automatic Discovery 2 filed
  18. Event Result:: Pre-Trial Conference scheduled on: 05/20/2021 09:30 AM Has been: Held as Scheduled Comments: FTR-K-MF Hon. Thomas Drechsler, Presiding Staff: Lisa Partelow, Assistant Clerk
  19. Event Result:: Lobby Conference scheduled on: 06/21/2021 12:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Kathleen McCarthy-Neyman, Presiding Staff: Katelyn Draper, Assistant Clerk Magistrate
  20. Evaluation report from Eric L.Brown, Psy. D. (Psychological and Risk Assessment) filed
  21. Event Result:: Lobby Conference scheduled on: 07/26/2021 02:00 PM Has been: Held as Scheduled Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  22. Event Result:: Conference to Review Status scheduled on: 09/01/2021 10:00 AM Has been: Held as Scheduled Comments: FTR K MF Hon. Salim Tabit, Presiding Staff: Lisa Partelow, Assistant Clerk
  23. Case sent to Essex Superior - LAWRENCE Location.
  24. Event Result:: Hearing for Change of Plea scheduled on: 10/08/2021 09:30 AM Has been: Held as scheduled Comments: Def, def counsel, ADA in court for COP as lobbied. FTR "4" (no court monitor). Hon. Salim Tabit, Presiding Staff: Elissa Torto, Assistant Clerk Magistrate
  25. Defendant waives rights. Judge: Tabit, Hon. Salim
  26. Plea colloquy given. Judge: Tabit, Hon. Salim
  27. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Tabit, Hon. Salim
  28. Defendant warned pursuant to the habitual offender statute G.L. c. 279, § 25(d) Judge: Tabit, Hon. Salim
  29. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Tabit, Hon. Salim
  30. Notice to defendant prior to accepting a plea for a sex offense filed and signed. Judge: Tabit, Hon. Salim
  31. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Tabit, Hon. Salim
  32. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Tabit, Hon. Salim
  33. The court has notified the defendant of the right to earn compliance credits pursuant to MGL c. 276 sec 87B. Judge: Tabit, Hon. Salim
  34. Offense Disposition:: Charge #1 RAPE OF CHILD c265 §23 On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea Charge #2 RAPE OF CHILD c265 §23 On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea Charge #3 LIQUOR TO PERSON UNDER 21, SELL/DELIVER c138 §34 On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea Charge #4 INDECENT A&B ON CHILD UNDER 14 c265 §13B On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea Charge #5 ENTICE CHILD UNDER 16 c265 §26C(b) On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea Charge #6 ABUSE PREVENTION ORDER, VIOLATE c209A §7 On: 10/08/2021 Judge: Hon. Salim Tabit By: Hearing on Plea Offer/Change Guilty Plea
  35. Defendant sentenced:: Sentence Date: 10/08/2021 Judge: Hon. Salim Tabit Charge #: 1 RAPE OF CHILD c265 §23 State Prison Sentence Not Less Than: 2 Years, 6 Months, 0 Days Not More Than: 3 Years, 0 Months, 0 Days Charge #: 5 ENTICE CHILD UNDER 16 c265 §26C(b) State Prison Sentence Not Less Than: 2 Years, 6 Months, 0 Days Not More Than: 3 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Committed to MCI - Cedar Junction (at Walpole) Credits 167 Days
  36. Defendant sentenced:: Sentence Date: 10/08/2021 Judge: Hon. Salim Tabit Charge #: 2 RAPE OF CHILD c265 §23 Served Consecutively Charge # 1 Charge #: 3 LIQUOR TO PERSON UNDER 21, SELL/DELIVER c138 §34 Served Concurrently Charge # 2 Charge #: 4 INDECENT A&B ON CHILD UNDER 14 c265 §13B Served Concurrently Charge # 2 Charge #: 6 ABUSE PREVENTION ORDER, VIOLATE c209A §7 Served Concurrently Charge # 2 Financials: Victim/Witness Assessment on felony G.L. c. 258B, § 8. Amount $90.00 Probation Fee assessed. Amount $1950.00 Further Orders of the Court: Three years' probation, concurrent with each other, to run from and after committed sentence on 001. Fees are payable over the term of probation. Probation: Risk / Need Supervision Duration: 3 Years, 0 Months, 0 Days Conditions: Stay Away Stay away from and have no contact - direct or indirect - with the victim - CONDITION BEGINS FORTHWITH Substance Use Disorder Evaluation You shall submit to evaluation and treatment for substance use disorder as directed by the probation officer. Mental Health Evaluation You shall submit to evaluation and treatment for mental health conditions as directed by the probation officer and shall take medications as prescribed. Additional Special Condition Comply with Sex Offender Registry Board Additional Special Condition Comply with sex offender treatment as deemed necessary by probation
  37. Jail credit given as per G. L. c. 279, § 33A: 167 days, (08/13/20 - 01/29/21, including 30 days defendant was held at Worcester Recovery Center and Hospital) Judge: Tabit, Hon. Salim
  38. Findings and Order of Statutory Fees $90 VWF $65/mo PSF $110 DNA fee IMPOSED Judge: Tabit, Hon. Salim
  39. Defendant 's Motion for Return of Property
  40. Commonwealth 's Submission of email from ADA Gillespie stating she has no "objection to returning the defendant's property."
  41. Endorsement on Defendant's Motion for Return of Property, (#15.0): ALLOWED without opposition. (Thomas Drechsler, Justice.) [Emailed to K. Gillespie, F. Doran] Judge: Drechsler, Hon. Thomas
  42. Attorney appearance On this date Samantha J Rozembersky, Esq. added as Private Counsel for Defendant Donato Iacono
  43. Attorney appearance On this date Francis M Doran, Jr., Esq. dismissed/withdrawn as Private Counsel for Defendant Donato Iacono
  44. Probation Transfer Notice Received
  45. Probation Transfer Review Complete Case transferred to Middlesex Superior Court
  46. Probation transfer accepted. Originating Court: Essex County Case Number: 2177CR00072 Receiving Court: Middlesex County Amt Owed: 90.0 Amt Paid: 0.0 Amt Dismissed: 0.0 Balance: 90.0 ;
  47. Copies of original Docket Report from Essex County received on 07/25/2023.

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