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Case Information

Filed 2023-09-05
Status Open
Type Probation Transfer|Firearm Without Fid Card, Possess C 269 S.10(h)
Docket 111 entries

Parties

Defendant Carmichael, David W

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Attorney appearance On this date David P Singer, Esq. added as Private Counsel for Defendant David W Carmichael
  3. Attorney appearance On this date Robert S Meltzer, Esq. added as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  4. Event Result:: Arraignment scheduled on: 09/13/2019 09:00 AM Has been: Held as Scheduled Michelle C Goldman, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David W Carmichael David P Singer, Esq., Private Counsel Staff: Mary T Aufiero, Assistant Clerk Dennis Collins, Assistant Clerk Magistrate
  5. Defendant arraigned before Court. Judge: Goldman, Michelle C
  6. Defendant waives reading of indictment Judge: Goldman, Michelle C
  7. Plea of not guilty entered on all charges. Judge: Goldman, Michelle C
  8. Released on Personal Recognizance with the following conditions: Other Special Condition 1) Remain Drug and Alcohol Free 2) Scram Device 3) Random Screens 4) Posess No Firearms, Dangerous Weapons or Destructive Devices 5) Abide by all orders of DCF 6) Abide by any and All Restraining Orders
  9. Bail warnings read Judge: Goldman, Michelle C
  10. Finding and Order on Bail: Judge: Goldman, Michelle C
  11. Commonwealth files the statement of the case.
  12. Commonwealth 's Notice regarding Discovery at Arraignment
  13. Defendant 's Motion for additional funds for firearms expert
  14. Affidavit of Defense Counsel's in Support of Motion for Additional funds
  15. Defendant 's Motion to Inspect and test fire tangible evidence
  16. Affidavit of Defense counsel's in support of Motion for additional Fund
  17. Event Result:: Scheduling Conference scheduled on: 10/11/2019 11:00 AM Has been: Held as Scheduled Comments: FTR: S. Mattos Hon. Joshua Wall, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David W Carmichael David P Singer, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  18. Endorsement on Defendants Motion for additional funds for firearms expert, (#5.0): ALLOWED Judge: Wall, Hon. Joshua
  19. Affidavit of of Defendant's firearms expert
  20. Opposition to Defendant's Motion To Inspect And Test-Fire Tangible Evidence filed by Middlesex District Attorney
  21. Commonwealth 's Notice Of Discovery II
  22. Event Result:: Motion Hearing scheduled on: 11/18/2019 09:00 AM Has been: Held as Scheduled Comments: FTR: D. Abreu Hon. Joshua Wall, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David P Singer, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  23. Event Result:: Filing of Motions scheduled on: 11/18/2019 09:00 AM Has been: Held as Scheduled Comments: FTR: D. Abreu Hon. Joshua Wall, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David P Singer, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  24. Endorsement on Defendant's Motion To Inspect And Test Fire Tangible Evidence, (#6.0): After hearing, defendant has shown good reason for inspection and test fire. After weighing various concerns, including the safety factor of test firing a weapon that defense suggests is not easily operated, the court adopts the police recommendation and hereby ORDERS: 1.) Sudbury Police firearms officer will test fire weapon at police range 2.) Defense expert will observe 3.) Events will be videotaped 4.) Sudbury Police will make a written record of the test fire by notes or report provided in discovery. J Wall Judge: Wall, Hon. Joshua
  25. The following form was generated: A Clerk's Notice was generated and sent to: Attorney: David P Singer, Esq. Attorney: Robert S Meltzer, Esq.
  26. Event Result:: Conference to Review Status scheduled on: 01/07/2020 09:00 AM Has been: Held as Scheduled Hon. Kathe M Tuttman, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David W Carmichael David P Singer, Esq., Private Counsel Staff: Mary Santiago, Assistant Clerk Magistrate FTR R. Petrucci
  27. Event Result:: Final Trial Conference scheduled on: 02/14/2020 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Kathe M Tuttman, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  28. Event Result:: Jury Trial scheduled on: 02/25/2020 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Kathe M Tuttman, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  29. Rule 36 waived re: Atty David Singer January 7, 2020 through April 28, 2020 in open court. FTR/R. Petrucci
  30. Commonwealth 's Notice Of Discovery III
  31. Event Result:: Hearing on Request for Probation Warrant scheduled on: 01/31/2020 03:30 PM Has been: Held as Scheduled For the following reason: Defendant defaulted Comments: Straight non-bailable warrant issued Po Robichaud Daniel Flaherty, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  32. Notice of Violation of Pre-Trial Release Judge: Flaherty, Daniel
  33. Issued: Straight Warrant issued on 01/31/2020 for Carmichael, David W
  34. Event Result:: Hearing for Warrant Removal scheduled on: 02/03/2020 03:00 PM Has been: Held as Scheduled Comments: ADA McCrindle Daniel Flaherty, Presiding Appeared: Defendant David W Carmichael David P Singer, Esq., Private Counsel Staff: Mary T Aufiero, Assistant Clerk Dennis Collins, Assistant Clerk Magistrate
  35. Released back to previous terns of bail Judge: Flaherty, Daniel
  36. Recalled: Straight Warrant cancelled on 02/06/2020 for Carmichael, David W
  37. Event Result:: Conference to Review Status scheduled on: 02/25/2020 09:00 AM Has been: Held as Scheduled Hon. Kathe M Tuttman, Presiding Appeared: Prosecutor Robert S Meltzer, Esq., Attorney for the Commonwealth Defendant David W Carmichael David P Singer, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Dennis Collins, Assistant Clerk Magistrate FTR S. Mattos
  38. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Conference to Review Status scheduled on: 03/19/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Kathe M Tuttman, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  39. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Final Trial Conference scheduled on: 04/17/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  40. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Jury Trial scheduled on: 04/28/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  41. Rule 36 waived re: Rule 36 waived from today's date until the new trial date of 9/9/2020 By Atty;
  42. Defendant 's Joint Motion to Continue Jury Trial and Status Conference
  43. Endorsement on Motion to Continue Jury Trial and Status Conference, (#12.0): ALLOWED Motion allowed by agreement. By The court (Pierce, J.) Judge: Pierce, Hon. Laurence D
  44. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Conference to Review Status scheduled on: 06/09/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: Joint request of parties Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  45. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Conference to Review Status scheduled on: 07/14/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: Joint request of parties Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  46. Event Result:: Final Trial Conference scheduled on: 08/27/2020 09:00 AM Has been: Rescheduled For the following reason: By Court due to Covid-19 Hon. Helene Kazanjian, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  47. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Jury Trial scheduled on: 09/09/2020 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Helene Kazanjian, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  48. Commonwealth, Defendant 's Joint Motion To Continue Jury Trial
  49. Affidavit of Defense Counsel In Support Of Joint Motion To Continue Trial Date
  50. Endorsement on Joint Motion To Continue Trial Date, (#13.0): ALLOWED ALLOWED by agreement. J Kazanjian Attest: M. Santiago Judge: Kazanjian, Hon. Helene
  51. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Final Trial Conference scheduled on: 02/12/2021 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  52. Court orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Jury Trial scheduled on: 02/24/2021 09:00 AM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court due to Covid-19 Hon. Paul D Wilson, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  53. Rule 36 waived re: by defendant from 2/24/21 through 8/25/21
  54. Commonwealth, Defendant 's Joint Motion To Continue Jury Trial
  55. Affidavit of Defense Counsel In Support Of Joint Motion To Continue Jury Trial
  56. Attorney appearance On this date Leigh Tinmouth, Esq. added for Prosecutor Middlesex District Attorney
  57. Commonwealth oral motion to modify the defendant's conditions of release for weekly drug screens. ALLOWED, the defendant is to be screened once a week. All prior conditions remain in full force and effect. J. Frison
  58. Bail warnings read
  59. Event Result:: Bail Hearing scheduled on: 04/09/2021 02:30 PM Has been: Held as Scheduled Comments: All parties appeared on zoom Hon. Shannon Frison, Presiding Appeared: Prosecutor Leigh Tinmouth, Esq., Defendant David W Carmichael David P Singer, Esq., Private Counsel Probation Officer Kelly Murnane Staff: Christina Lucci, Assistant Clerk Court Reporter FTR Christina Lucci
  60. ORDER of Pre-Trial Conditions of Release Judge: Frison, Hon. Shannon
  61. Event Result:: Final Trial Conference scheduled on: 08/13/2021 09:00 AM Has been: Rescheduled For the following reason: Request of Commonwealth Hon. Helene Kazanjian, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  62. Event Result:: Jury Trial scheduled on: 08/25/2021 09:00 AM Has been: Rescheduled For the following reason: Request of Commonwealth Hon. Helene Kazanjian, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  63. Rule 36 waived re: Rule 36 waived per counsel
  64. Commonwealth 's Motion to continue trial date
  65. Endorsement on Motion to continue jury trial, (#16.0): ALLOWED
  66. Event Result:: Final Trial Conference scheduled on: 01/03/2022 09:00 AM Has been: Rescheduled For the following reason: Request of Commonwealth Hon. Joshua Wall, Presiding
  67. Event Result:: Jury Trial scheduled on: 01/10/2022 09:00 AM Has been: Rescheduled For the following reason: Request of Commonwealth Hon. Joshua Wall, Presiding
  68. Commonwealth 's Motion To Continue Jury Trial
  69. Rule 36 waived re: by defendant from 1/10/22 through 7/13/22
  70. Event Result:: Hearing for Capias scheduled on: 12/31/2021 12:00 PM Has been: Held as Scheduled For the following reason: Defendant defaulted Comments: By PO Gomes Daniel Flaherty, Presiding Staff: Mary T Aufiero, Assistant Clerk FTR: K. Jordan
  71. Issued: Straight Warrant issued on 12/31/2021 for Carmichael, David W
  72. Recalled: Straight Warrant cancelled on 01/13/2022 for Carmichael, David W
  73. Event Result:: Hearing for Warrant Removal scheduled on: 01/13/2022 10:00 AM Has been: Held via Video/Teleconference Daniel Flaherty, Presiding Appeared: Prosecutor Leigh Tinmouth, Esq., Defendant David W Carmichael David P Singer, Esq., Private Counsel
  74. Released back to the previous terms of bail Judge: Flaherty, Daniel
  75. Pro Se Defendant 's EMERGENCY Motion to Allow Defendant To Travel Out Of State
  76. Endorsement on Motion to allow travel out of state, (#18.0): ALLOWED
  77. Event Result:: Final Trial Conference scheduled on: 07/05/2022 09:00 AM Has been: Rescheduled For the following reason: Defense Attorney failed to appear Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  78. Event Result:: Jury Trial scheduled on: 07/13/2022 09:00 AM Has been: Rescheduled For the following reason: Defense Attorney failed to appear Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  79. Event Result:: Conference to Review Status scheduled on: 07/13/2022 02:30 PM Has been: Held as Scheduled Comments: FTR: S. Mattos Hon. Kristen Buxton, Presiding Appeared: Prosecutor Leigh Tinmouth, Esq., Defendant David W Carmichael Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  80. The following form was generated: Notice to Appear Sent On: 07/13/2022 15:56:12 Applies To: Singer, Esq., David P (Attorney) on behalf of Carmichael, David W (Defendant) (MAILED NOTICE TO COUNSEL ON 7/13/22 FOR 8/16/22 HEARING)
  81. Attorney appearance On this date Charles Michael Hughes, Esq. added as Private Counsel for Defendant David W Carmichael
  82. Attorney appearance On this date David P Singer, Esq. dismissed/withdrawn as Private Counsel for Defendant David W Carmichael
  83. Event Result:: Conference to Review Status scheduled on: 08/16/2022 10:00 AM Has been: Held as Scheduled Hon. Laurence D Pierce, Presiding Appeared: Prosecutor Leigh Tinmouth, Esq., Defendant David W Carmichael Charles Michael Hughes, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  84. Attorney appearance On this date Leigh Tinmouth, Esq. dismissed/withdrawn for Prosecutor Middlesex District Attorney
  85. Attorney appearance On this date Lyndsey Davis, Esq. added as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  86. Event Result:: Scheduling Conference scheduled on: 09/21/2022 09:05 AM Has been: Held via Video/Teleconference Hon. Laurence D Pierce, Presiding Appeared: Prosecutor Lyndsey Davis, Esq., Attorney for the Commonwealth Defendant Charles Michael Hughes, Esq., Private Counsel PO Laboy Staff: Lia Marino, Assistant Clerk Magistrate FTR: Steve Mattos
  87. Event Result:: Conference to Review Status scheduled on: 10/17/2022 02:30 PM Has been: Held via Video/Teleconference Comments: FTR: K. Jordan Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  88. Scheduled: Event: Trial Readiness Conference Date: 03/21/2023 Time: 09:30 AM Result: Rescheduled
  89. Event Result:: Conference to Review Status scheduled on: 11/16/2022 10:30 AM Has been: Held via Video/Teleconference Comments: FTR: J. Blackburn Hon. Patrick Haggan, Presiding Appeared: Prosecutor Lyndsey Davis, Esq., Attorney for the Commonwealth Defendant David W Carmichael Charles Michael Hughes, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate
  90. Rule 36 waived re: by defendant from 11/16/22 through 4/18/23
  91. Defendant 's motion to amend terms of release
  92. Endorsement on Defendant 's motion to amend terms of release, (#19.0): ALLOWED after review and without objection Judge: Haggan, Hon. Patrick
  93. Attorney appearance On this date Lyndsey Davis, Esq. dismissed/withdrawn as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  94. Attorney appearance On this date John F Bok, Esq. added as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  95. Event Result:: Conference to Review Status scheduled on: 12/14/2022 09:30 AM Has been: Held via Video/Teleconference Comments: FTR: L. Fortune Hon. Patrick Haggan, Presiding Appeared: Prosecutor John F Bok, Esq., Attorney for the Commonwealth Defendant Charles Michael Hughes, Esq., Private Counsel Defendant's Present Waived Staff: Michelle Goldman, Assistant Clerk Magistrate Mary Santiago, Assistant Clerk Magistrate Apriel Jordan - Assistant Clerk Magistrate
  96. Event Result:: Conference to Review Status scheduled on: 02/10/2023 10:00 AM Has been: Held via Video/Teleconference Comments: FTR: A. Brenahan Hon. Shannon Frison, Presiding Appeared: Prosecutor John F Bok, Esq., Attorney for the Commonwealth Defendant Charles Michael Hughes, Esq., Private Counsel Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
  97. Event Result:: Hearing for Change of Plea scheduled on: 03/09/2023 03:30 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
  98. Event Result:: Trial Readiness Conference scheduled on: 03/21/2023 09:30 AM Has been: Rescheduled For the following reason: Request of Defendant Comments: Scheduled change of plea for this date Hon. Laurence D Pierce, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
  99. Event Result:: Hearing for Change of Plea scheduled on: 03/21/2023 09:30 AM Has been: Held as scheduled Hon. Shannon Frison, Presiding Appeared: Prosecutor John F Bok, Esq., Attorney for the Commonwealth Defendant David W Carmichael Charles Michael Hughes, Esq., Private Counsel Staff: Steve Mattos, Assistant Clerk Apriel Jordan, Assistant Clerk Magistrate
  100. Defendant waives rights. Judge: Frison, Hon. Shannon
  101. Plea colloquy given. Judge: Frison, Hon. Shannon
  102. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Frison, Hon. Shannon
  103. files sentence recommendation Judge: Frison, Hon. Shannon
  104. Event Result:: Jury Trial scheduled on: 04/18/2023 09:00 AM Has been: Not Held For the following reason: Case Disposed Hon. Shannon Frison, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
  105. Offense Disposition:: Charge #1 FIREARM WITHOUT FID CARD, POSSESS c269 s.10(h) 269/10/G-2 On: 03/21/2023 Judge: Hon. Shannon Frison By: Hearing on Plea Offer/Change Guilty Plea - Agreed Upon
  106. Commonwealth 's Motion to amend indictment 001.
  107. Endorsement on Motion to amend indictment 001, (#22.0): ALLOWED Judge: Frison, Hon. Shannon
  108. Probation Transfer Notice Received (Worcester Superior Court)
  109. Probation Transfer Review Complete
  110. Probation Transfer Notice Received From Middlesex Superior Court
  111. Probation transfer accepted. Originating Court: Middlesex County Case Number: 1981CR00290 Receiving Court: Worcester County ;

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