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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-31
Status Open
Type Indictment|Animal, Malicious Killing Or Injury To Domestic C 266 §112
Docket 38 entries

Parties

Defendant Kitchen, Malcolm

Lawyers

Docket Entries

  1. Case assigned to: DCM Track B - Complex was added on 03/31/2023
  2. Indictment(s) returned on 03/30/2023
  3. Event Result:: Arraignment scheduled on: 04/12/2023 02:00 PM Has been: Not Held For the following reason: Defendant not transported to event Hon Diane Freniere, Presiding
  4. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 04/13/2023 02:00 PM Arraignment. PLEASE TRANSPORT
  5. Attorney appearance On this date Daniel Dolan, Esq. added as Appointed - Indigent Defendant for Defendant Malcolm Kitchen
  6. Brought into court. Event Result:: Arraignment scheduled on: 04/13/2023 02:00 PM Has been: Held as Scheduled Hon Diane Freniere, Presiding Applies To: Kitchen, Malcolm (Defendant); Dolan, Esq., Daniel (Attorney) on behalf of Kitchen, Malcolm (Defendant); Kiernan, Esq., Courtney E (Attorney) on behalf of Norfolk County District Attorney (Prosecutor); Event Judge: Freniere, Hon Diane - FTR (D. O'Sullivan) - Attest: Margaret H. Sanel, AC.
  7. Defendant arraigned before Court. Judge: Freniere, Hon Diane
  8. Colloquy - Defendant advised of right to attorney Judge: Freniere, Hon Diane
  9. Defendant waives reading of indictment Judge: Freniere, Hon Diane
  10. Plea of not guilty entered on all charges. Judge: Freniere, Hon Diane
  11. The defendant\petitioner is committed without bail for the following reason: Pending dangerousness hearing.
  12. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 04/27/2023 12:00 PM 58A Dangerousness Hearing.
  13. Commonwealth 's Statement of the case and certificate of service - filed 4/13/23
  14. Commonwealth 's Notice of Discovery and certificate of service - filed 4/13/23
  15. Commonwealth 's Motion for order of pretrial detention based on dangerousness - filed 4/13/23
  16. Commonwealth 's Submission in support of dangerousness and certificate of service - filed 4/13/23
  17. Commonwealth 's Notice of Discovery II with Certificate of Service
  18. Commonwealth 's Supplemental Submissions in Support of Dangerousness with Certificate of Service with Grand Jury Minutes ( Grand Jury Minutes Impounded)
  19. Norfolk County District Attorney's Memorandum in support of Motion for Pretrial Detention Pursuant of MGL c.276, s.58A
  20. Defendant 's Motion for Discovery, or, Alternatively, Defendant's Motion to Preserve Evidence ENDORSED: ALLOWED in part - Commonwealth is to preserve the "dead cat" at least until the hearing date set, May 17, 2023 (Freniere, J) 05/01/2023 (copy sent via email to counsel)
  21. Affidavit of Counsel in Support of Defendant's Motion to Preserve Evidence
  22. Defendant 's Certificate of Service
  23. Brought into court. Matter taken under advisement: 58A Dangerousness Hearing scheduled on: 04/27/2023 12:00 PM Has been: Held - Under advisement Hon Diane Freniere, Presiding Applies To: Kitchen, Malcolm (Defendant); Dolan, Esq., Daniel (Attorney) on behalf of Kitchen, Malcolm (Defendant); Kiernan, Esq., Courtney E (Attorney) on behalf of Norfolk County District Attorney (Prosecutor); Event Judge: Freniere, Hon Diane - FTR (D. O'Sullivan) - Attest: Margaret H. Sanel, AC.
  24. The defendant\petitioner is committed without bail for the following reason: Pending dangerousness hearing.
  25. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 05/01/2023 02:00 PM Hearing RE: Discovery Motion(s).
  26. Event Result:: Hearing RE: Discovery Motion(s) scheduled on: 05/01/2023 02:00 PM Has been: Held as Scheduled Comments: D and Counsel present in court; FTR RM 25- D O'Sullivan; Clerk: S Irwin a/c Hon Diane Freniere, Presiding Appeared: Prosecutor Norfolk County District Attorney Courtney E Kiernan, Esq., Defendant Malcolm Kitchen Daniel Dolan, Esq., Appointed - Indigent Defendant
  27. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 05/17/2023 02:00 PM Motion Hearing. PLEASE TRANSPORT
  28. Findings and Order on Motion for Detention pursuant to G.L. c. 276 § 58A. (Freniere,J)(SEE ORDER) Judge: Freniere, Hon Diane
  29. MEMORANDUM & ORDER: of decision, findings and order on Commonwealth's Motion for pretrial detention. The Commonwealth's motion to detain be ALLOWED and that Malcolm Kitchen be held without bail. (Freniere,J) (SEE MEMORANDUM AND ORDER) Judge: Freniere, Hon Diane (copies sent)
  30. Event Result:: Motion Hearing scheduled on: 05/17/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon Diane Freniere, Presiding
  31. Defendant 's Motion for additional discovery with affidavit in support.
  32. Defendant 's Notice regarding preservation of "dead cat".
  33. Endorsement on Notice , (#21.0): In light of the defense's representation herein, the MSPCA no longer need to preserve the deceased feline. (Freniere,J)(dated 5/16/23)cs
  34. Attorney appearance On this date Daniel Dolan, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Malcolm Kitchen
  35. Attorney appearance On this date Ethan S Yankowitz, Esq. added for Defendant Malcolm Kitchen
  36. Event Result:: Pre-Trial Conference scheduled on: 07/07/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Joseph Leighton, Presiding
  37. Habeas Corpus for defendant issued to Norfolk County Correctional Center returnable for 08/10/2023 02:00 PM Pre-Trial Hearing. PLEASE CANCEL NEW DATE TBA
  38. Event Result:: Pre-Trial Hearing scheduled on: 08/10/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Commonwealth Comments: with D's assent Hon. Joseph Leighton, Presiding

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