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Case Information
Filed
2023-05-17
Status
Open
Type
Indictment|Cocaine, Trafficking In, 100 Grams Or More, Less Than 200 Grams C 94 C §32 E(b)
Docket
23 entries
Parties
Defendant
Fortilus, Kerby
Lawyers
Docket Entries
- Attorney appearance On this date 05/17/2023 Yorlano, Esq., Joseph M added for Berkshire County District Attorney
- Indictment(s) returned
- Attorney Daniel Kelly, Esq. Notice of appearance On this date Daniel Dennis Kelly, Esq. added as Private Counsel for Defendant Kerby Fortilus Applies To: Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant)
- Daniel Dennis Kelly, Esq.'s Notice of appearance RECEIVED by fax *** Original to follow by mail Original filed in Clerk's Office on 5/24/2023, FILED Applies To: Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant)
- Event Result:: Arraignment scheduled on: 05/24/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Francis E Flannery, Presiding
- Commonwealth Joseph M Yorlano, Esq.'s Notice of appearance FILED Applies To: Berkshire County District Attorney (Prosecutor); Yorlano, Esq., Joseph M (Attorney) on behalf of Berkshire County District Attorney (Prosecutor)
- Defendant 's Motion to continue the Arraignment date of May 24, 2023 to May 30, 2023 (assented to) FILED Applies To: Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant)
- Endorsement on Motion to continue the Arraignment date of May 24, 2023 to May 30, 2023 (assented to), (#4.0): ALLOWED Applies To: Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant)
- The following form was generated: Endorsement on Motion to continue the Arraignment date of May 24, 2023 to May 30, 2023 (assented to) A Clerk's Notice was generated and sent to: Defendant, Attorney: Daniel Dennis Kelly, Esq. Law Offices of Daniel D. Kelly 33 Mulberry St, Springfield, MA 01105 Prosecutor, Attorney: Joseph M Yorlano, Esq. Berkshire District Attorneys Office 7 North St, Pittsfield, MA 01201
- Habeas Corpus for defendant issued to Berkshire County House of Correction returnable for 05/30/2023 02:00 PM Arraignment. ZOOM SESSION
- Defendant waives right of physical presence at 05/30/2023 02:00 PM Arraignment RECEIVED via facsimile Original to follow by mail Applies To: Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant)
- Docket Note: on this date at 9:55 a.m. BHOC called and said Defendant was in North Adams and North Adams was releasing him. I called NADC and spoke with Tim Morey he said they were hooking him up with GPS and he would talk with him.
- Event Result:: Arraignment scheduled on: 05/30/2023 02:00 PM Has been: Held as Scheduled Hon. Francis E Flannery, Presiding
- Case assigned to: DCM Track A - Standard was added on 05/31/2023
- Defendant arraigned before Court.
- Plea of not guilty entered on all charges.
- Bail set at $0.00 Surety, $10,000.00 Cash. Without prejudice (Flannery, J). Judge: Flannery, Hon. Francis E
- Bail warnings read
- Order for the transmittal of Bail sent to the clerk of the Northern Berkshire District Court. Docket No. 2328CR00212 FAXED AND MAILED TO NORTH ADAMS DISTRICT COURT.
- The following form was generated: Notice to Appear for Pre-Trial Hearing on 8/28/2023 at 2:00 p.m. - ZOOM SESSION Sent On: 05/31/2023 09:36:05
- Bail recognizance form filed. Bail Posted in the amount of $10,000.00 from North Adams District Court. Surety: Krista Siana, FILED
- Pre-trial conference report filed Applies To: Berkshire County District Attorney (Prosecutor); Fortilus, Kerby (Defendant); Kelly, Esq., Daniel Dennis (Attorney) on behalf of Fortilus, Kerby (Defendant); Yorlano, Esq., Joseph M (Attorney) on behalf of Berkshire County District Attorney (Prosecutor)
- Event Result:: Pre-Trial Hearing scheduled on: 08/28/2023 02:00 PM Has been: Held via Video/Phone via Zoom - some discovery is still outstanding such as fingerprints, DNA and ballistics testing for firearm - should take approximately 90 days to complete testing, but after testing the Commonwealth may be requesting a buccal swab - case should take approximately 3-4 days to try - case scheduled for status regarding discovery 11/6/23 @ 2:00 p.m. via Zoom - Defendant waives Rule 36 and the Court finds that in the interest of justice, Rule 36 is waived for further testing (Hogan, J.) Hon. Maureen Hogan, Presiding
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Full Analytics Report
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