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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-08
Status Open
Type Probation Transfer|Drug, Possess To Distrib Class A C 94 C §32(a)
Docket 102 entries

Parties

Defendant Johnston, Molly Virginia

Docket Entries

  1. Attorney appearance On this date 09/22/2021 Leone, Esq., Frankie added for Suffolk County District Attorney
  2. Indictment(s) returned
  3. Issued: Straight Warrant issued on 09/22/2021 for Johnston, Molly Virginia
  4. Commonwealth 's Motion for an arrest warrant filed
  5. Endorsement on Motion for an arrest warrant , (#2.0): ALLOWED Judge: Freniere, Hon Diane
  6. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 11/16/2021 09:00 AM Arraignment. LIVE TRANSPORT Faxed to South Bay, confirmation in file
  7. Recalled: Straight Warrant cancelled on 11/16/2021 for Johnston, Molly V
  8. Defendant Brought into Court. Case Continued by Agreement to 01/11/2022 at 9:00am re: Pre Trial Conference (Ctrm 705)(Habe Issued) Event Result:: Arraignment scheduled on: 11/16/2021 09:00 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA D. Beard-Bader, Atty. FTR 11:27am
  9. Defendant arraigned before Court.
  10. Defendant waives reading of indictment
  11. Plea of not guilty entered on all charges.
  12. Bail set at $50,000.00 Surety, $5,000.00 Cash. Judge: Hallal, Hon. Mark A
  13. Bail warnings read
  14. Attorney appearance On this date Deborah Ann Beard, Esq. added as Appointed - Indigent Defendant for Defendant Molly V Johnston Appointment made for the purpose of Case in Chief by Judge Hon. Mark A Hallal.
  15. Legal Counsel Fee Waived. Judge: Hallal, Hon. Mark A
  16. Conditions of release on bail: Other Special Condition 1. Drug and Alcohol Free, Random Testing 2. Report by Phone 2 times per week to Probation Department Judge: Hallal, Hon. Mark A
  17. Findings and Order of Statutory Fees $150.00 LCF Waived Judge: Hallal, Hon. Mark A
  18. Finding and Order on Bail: Judge: Hallal, Hon. Mark A
  19. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 01/11/2022 09:00 AM Pre-Trial Conference.
  20. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 12/21/2021 09:00 AM Motion Hearing to Modify Probation Term/Conditions. ZOOM ONLY, NO TRANSPORT Meeting ID: 161 477 1272 No Password
  21. Defendant Brought into Court via Zoom Conference from South Bay. After hearing, Court Revokes All Prior Orders of Bail. Event Result:: Motion Hearing to Modify Probation Term/Conditions scheduled on: 12/21/2021 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA D. Beard-Bader, Atty. FTR 10:36am
  22. Released on Personal Recognizance Judge: Doolin, Hon. Michael
  23. Bail warnings read Judge: Doolin, Hon. Michael
  24. Conditions of release on bail: Other Special Condition 1. Remain Drug and Alcohol Free 2. Enter RCA Recovery Center of America 3. GPS within 24 hours of Release 4. Inclusion Zone of RCA Recovery Center of America
  25. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 12/22/2021 09:00 AM Conference to Review Status.
  26. Finding and Order on Bail: Judge: Doolin, Hon. Michael
  27. Defendant brought into court. (custody) Zoom from Lynn District Court. Conditions of release on the Lynn docket read to defendant via zoom in Superior Court. Conditions of releaase to mirroe Suffolk 2184CR00563 conditions of release, Discharge to issue. Event Result:: Conference to Review Status scheduled on: 12/22/2021 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA D. Beard Bader, Atty FTR: 11:45am
  28. The following form was generated: Release from Custody Order Sent On: 12/22/2021 12:25:08
  29. Defendant not in Court. Inclusion Zone amended : 1. 7 Lindall Street Danvers, MA. 2. May attend medical and legal appointments with verification to Probation Department. Event Result:: Conference to Review Status scheduled on: 12/23/2021 11:42 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA N. Brophy, PO FTR 11:42am
  30. Defendant comes into court via zoom. (non custody) NOTE: Discovery complete Case continued by agreement to: 2/3/22 at 9am for Status Hearing in courtroom 704 5/19/22 at 9am for Pretrial Hearing in courtroom 704 8/21/22 at 2pm for Final Pretrial Conference in courtroom 808 9/7/22 at 9am for Jury Trial in courtroom 808 Event Result:: Pre-Trial Conference scheduled on: 01/11/2022 09:00 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate F. Leone, ADA D. Beard-Bader, Atty FTR: 9:35am Note: Case recalled at 4:09PM at the request of Probation to report to the Court that the Defendant is not in her current Program (Covid-19 related) Commonwealth not requesting any action be taken. - D.Sheehan, ACM
  31. Defendant not present in court. Case brought forward RE: GPS violation. Commonwealth's oral motion for warrant to issue made and allowed. Non bailable straight warrant to issue. Event Result:: Conference to Review Status scheduled on: 01/13/2022 12:00 PM Has been: Held as Scheduled Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate C. Boutin ADA for F. Leone ADA S. Stultz, ACPO FTR: 12:06pm
  32. Issued: Straight Warrant issued on 01/13/2022 for Johnston, Molly Virginia
  33. Attorney appearance On this date Jason Stelmack, Esq. added as Appointed - Indigent Defendant for Defendant Molly Virginia Johnston Appointment made for the purpose of Bail Only by Judge Edward J Curley.
  34. Recalled: Straight Warrant cancelled on 01/18/2022 for Johnston, Molly Virginia
  35. Bail set at $50,000.00 Surety, $5,000.00 Cash. Without prejudice Conditions of Bail: 1) GPS prior to release, remain in MA 2) Remain drug and alcohol free 3) Stay away from mapped area as provided by the Commonwealth (copy given to probation)
  36. Bail warnings read
  37. Finding and Order on Bail: With picture of exclusion zone Judge: Curley, Edward J
  38. Findings and Order of Statutory Fees $150 LCF waived Warrant Recall fee waived Judge: Curley, Edward J
  39. Event Result:: Hearing for Warrant Removal scheduled on: 01/18/2022 12:22 PM Has been: Held as Scheduled Defendant brought into court Warrant recalled, fee waived Attorney J.Stelmack appointed for bail only, $150 LCF waived Note: Attorney Beard Bader remains case in chief Case has next date of 2/3/22 at 9AM Hearing RE: Status in Courtroom 704 Appeared: Prosecutor Frankie Leone, Esq., (Zoom) Defendant Molly Virginia Johnston (Live) Jason Stelmack, Esq., Appointed - Indigent Defendant (Live) PO L. Miranda (Live) Staff: David Sheehan, Assistant Clerk Magistrate FTR 12:22PM
  40. Attorney appearance On this date Jason Stelmack, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Molly Virginia Johnston
  41. Status hearing held. Case continued by agreement to 3/4/22 at 9am for Filing of Motions in courtroom 705. (live - habe issued to South Bay) Event Result:: Conference to Review Status scheduled on: 02/03/2022 09:00 AM Has been: Held as Scheduled Hon. Joshua Wall, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate D. Beard Bader, Atty F. Leone, ADA FTR: 9:27am
  42. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 03/04/2022 09:00 AM Filing of Motions. Live Hearing. Please transport.
  43. Event Result:: Filing of Motions scheduled on: 03/04/2022 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate Defendant not in Court, Note: Session unavailable this day. Case Continued by agreement to 3/23/22 at 9am for Filing of Motions in courtroom 705. (live - habe issued to South Bay) - F.Leone, ADA and Atty D.Beard-Bader (each via electronic mail)
  44. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 03/23/2022 09:00 AM Filing of Motions.
  45. Defendant 's Motion to Withdraw as Counsel and Have New Counsel Appointed, filed
  46. Defendant brought into court from SouthBay Jail live. Filing of Motion hearing held. Atty D. Beard-Baders motion (p#17) to withdraw Withdrawn in open court Case continued by agreement to: 3/29/22 for Filing Motion in Courtroom 705 at 9am Event Result:: Filing of Motions scheduled on: 03/23/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate F. Leone, ADA D. Beard-Bader, Atty FTR 9:45am
  47. Endorsement on Motion to withdraw as counsel and have new counsel appointed, (#17.0): Withdrawn
  48. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 03/29/2022 09:00 AM Filing of Motions. Live transport
  49. Defendant brought into court. Filing of Motions held. Case continued by agreement to 4-15-22 at 9:00am for Status Re; Parties Joint Motion to Reduce Bail (CTRM 705). Live Habe issue to South Bay for 4-15-22 event. Event Result:: Filing of Motions scheduled on: 03/29/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: David Sheehan, Assistant Clerk Magistrate F. Leone, ADA D. Beard Bader, ATTY FTR: 10:01am
  50. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 04/15/2022 09:00 AM Conference to Review Status.
  51. Defendant brought into court live. Conference to Review status held. Oral motion for reduction of bail heard. The Commonwealth assents to oral motion to reduce bail. After hearing, oral motion to reduce bail to $1,000 with conditions is allowed. This case is continued by agreement to 5/16/2022 for a Pre-Trial Hearing at 9:00am in Courtroom 704 (Live or Zoom, Non-Custody). Event Result:: Conference to Review Status scheduled on: 04/15/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: Constance Goll, Assistant Clerk Magistrate F. Leone, ADA- live D. Beard Bader, Atty- live FTR: 10:01am
  52. Event Result:: Pre-Trial Hearing scheduled on: 05/19/2022 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate Mary Regan, Assistant Clerk Magistrate
  53. Bail warnings read
  54. Defendant oral motion to reduce bail made and allowed.
  55. Bail set at $10,000.00 Surety, $1,000.00 Cash. GPS Prior to release Conditions of Bail: 1. GPS Prior to release. 2.Enter the Rising Above Out Patient Program today 4/15/2022. 3.Abide by all the requirements set by the Rising Above Program. 4.Abide by all other conditions set on 12/18/2021 and 1/18/2022. 5. Remain Drug and Alcohol free with random testing. 6.Stay away from the exclusion zone except for this weekend 4/16/2022 and 4/17/2022 for the sole purpose of obtaining substance abuse treatment in the company of Doctor Abigial Judge, who will provide transport.
  56. The following form was generated: Release from Custody Order Sent On: 04/15/2022 11:49:51
  57. Defendant not in Court. PTH held. Case has a next scheduled date of 8-31-22 for FPTC (Non-custody). Event Result:: Pre-Trial Hearing scheduled on: 05/16/2022 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: Constance Goll, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA D. Beard-Bader, Atty FTR 9:31am
  58. Defendant not present in court. Case advanced at the request of probation RE: alleged violations of terms of conditions of release. After hearing, the Commonwealth's oral motion for a warrant to issue is made and allowed. A straight non bailable warrant to issue for violation of terms and conditions of release. Case has next scheduled date of 08/31/2022 at 2pm for Final Pretrial Conference in courtroom 808. Event Result:: Hearing on Request for Probation Warrant scheduled on: 06/08/2022 02:47 PM Has been: Held as Scheduled Edward J Curley, Presiding Staff: David Sheehan, Assistant Clerk Magistrate K. Christianson, APO F. Leone, ADA via zoom FTR: 2:47pm
  59. Issued: Straight Warrant issued on 06/08/2022 for Johnston, Molly Virginia
  60. General correspondence regarding Notice of Outstanding Warrant returned to court UNSERVED.
  61. Event Result:: Jury Trial scheduled on: 09/07/2022 09:00 AM Has been: Canceled For the following reason: By Court prior to date Docket Note: Defendant is in warrant status as of 6/8/22. Hon. Elaine M Buckley, Presiding Staff: Rebeca Figueroa, Assistant Clerk Magistrate
  62. Warrant returned to court: UNSERVED
  63. Recalled: Straight Warrant cancelled on 10/18/2022 for Johnston, Molly Virginia
  64. Attorney appearance On this date Deborah Ann Beard, Esq. dismissed/withdrawn as Appointed - Indigent Defendant for Defendant Molly Virginia Johnston
  65. Attorney appearance On this date Elyse Muller Hershon, Esq. added as Appointed - Indigent Defendant for Defendant Molly Virginia Johnston Appointment made for the purpose of Case in Chief by Judge Stacey Pichardo.
  66. Legal Counsel Fee Waived. Judge: Pichardo, Stacey
  67. Defendant brought into court. (custody) Warrant ordered recalled, fee waived. Bail hearing held. Court orders prior order of bail revoked. Case continued by agreement to 11/17/22 at 9am for Pretrial Conference in courtroom 705. (zoom habe issued to South Bay) Event Result:: Bail Hearing scheduled on: 10/18/2022 12:25 PM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: Michelle Pierce, Assistant Clerk F. Leone, ADA (live) E. Hershon, Atty (live) FTR: 12:25pm/2:54pm
  68. Bail warnings read
  69. Bail set at $50,000.00 Surety, $5,000.00 Cash. GPS PRIOR TO RELEASE Conditions: 1. GPS prior to release 2. Stay away no contact, direct or indirect, with co defendants 3. Remain drug and alcohol free with random testing 4. Stay away from mapped area provided by the Commonwealth (Mass and Cass location)
  70. Findings and Order of Statutory Fees Warrant recall fee waived $150 Legal Counsel fee waived Judge: Pichardo, Stacey
  71. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 11/17/2022 09:00 AM Pre-Trial Conference. Zoom Hearing: Meeting ID: 160 7138 8727 No passcode
  72. Notice of Warrant Cancellation
  73. Defendant brought into court via Zoom from South Bay. Pre-Trial conference hearing held. Commonwealth represents discovery is complete. After hearing, case continued by agreement to 11/18/2022 ay 11am in court room 705 for Status Re: GPS (Live habe issued South Bay via fax). Event Result:: Pre-Trial Conference scheduled on: 11/17/2022 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: Michelle Pierce, Deputy Assistant Clerk F. Leone, ADA (Live) E. Hershon, Atty (Live) FTR 9:15am/10:03am/12:24pm
  74. Habeas Corpus for defendant issued to Suffolk House of Correction (South Bay) returnable for 11/18/2022 11:00 AM Conference to Review Status. LIVE TRANSPORT
  75. Defendant brought into Court. Status and bail hearing held. Continued to 1-19-23 by agreement for Status and setting of the track in Rm 705 at 9am (Live, Non-custody). Event Result:: Conference to Review Status scheduled on: 11/18/2022 11:00 AM Has been: Held as Scheduled Edward J Curley, Presiding Staff: Michelle Pierce, Deputy Assistant Clerk F. Leone, ADA - Live E. Hershon, Atty - Live FTR 12:11pm
  76. Bail set at $10,000.00 Surety, $1,000.00 Cash. GPS PRIOR TO RELEASE Bail Warning Read. Same prior terms and conditions of release remain including GPS Prior to release. Added conditions of release: 1. Defendant to enter New England Recovery Program in Westborough today by 6pm and follow any rules and procedures and policies they have. 2. Random testing and sign releases to Probation. Judge: Curley, Edward J
  77. The following form was generated: Release from Custody Order Sent On: 11/18/2022 12:48:13
  78. Surety Comes into Court. After hearing, Motion Allowed. Event Result:: Motion Hearing scheduled on: 01/09/2023 11:00 AM Has been: Held as Scheduled Hon. Joshua Wall, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate FTR 12:28pm
  79. Surety 's for Return of Cash Bail
  80. Endorsement on Motion for Return of Cash Bail, (#28.0): ALLOWED
  81. Posted bail returned RAB form scanned.
  82. Defendant comes into court live. Status held. Case continued by agreement to 2-27-23 at 9am in courtroom 704 for a Hearing for Change of Plea. (Live, Non-Custody) Event Result:: Conference to Review Status scheduled on: 01/19/2023 09:00 AM Has been: Held as Scheduled Stacey Pichardo, Presiding Staff: Michelle Pierce, Deputy Assistant Clerk F, Leone, ADA (Live) E. Hershon, Atty (Live) FTR: 9:47am
  83. Defendant Comes into Court. Case Continued by Agreement to 03/23/2023 at 2:00pm re: Change of Plea (Ctrm 704)(Non Custody). Event Result:: Hearing for Change of Plea scheduled on: 02/27/2023 09:00 AM Has been: Not Held For the following reason: Joint request of parties Hon. Joshua Wall, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate F. Leone, ADA E. Hershon, Atty. FTR 12:04pm
  84. Defendant comes into court live. Hearing for Change of Plea held. Defendant offers to plead guilty to the lesser included offense of #001 as charge Possession of Class A with Intent to Distribute. Court accepts Defendant's offer, enters NO FINDING OF GUILTY (Per Commonwealth vs Powell). Commonwealth moves for sentencing. Continued Without a Finding for a 3 Year Probation Term. Continued by agreement to 3/22/24 at 9AM in First Session (Courtroom 704) for Status. Event Result:: Hearing for Change of Plea scheduled on: 03/23/2023 02:00 PM Has been: Held as scheduled Hon. Joshua Wall, Presiding Staff: Rourke Donnelly, Assistant Clerk Magistrate James Pardi, Assistant Clerk Magistrate ADA F. Leone live Atty E. Hershon live FTR: 3:10 PM
  85. Defendant waives rights. Judge: Wall, Hon. Joshua
  86. Plea colloquy given.
  87. Defendant warned pursuant to alien status, G.L. c. 278, § 29D.
  88. Defendant warned as to submission of DNA G.L. c. 22E, § 3
  89. DNA fee WAIVED
  90. After finding of severe financial hardship, victim/witness fee waived.
  91. Drug Analysis fee waived due to severe financial hardship.
  92. Offense Disposition:: Charge #1 DRUG, POSSESS TO DISTRIB CLASS A c94C §32(a) 94C/32/C-1 On: 03/23/2023 Judge: Hon. Joshua Wall By: Hearing on Plea Offer/Change Continued Without a Finding
  93. Conditions of Probation: 1. Stay engaged with treatment and comply with rules of current and subsequent sober living arrangements. 2. Sign releases with Probation. 3. Continue working with Dr. Judge (Therapist) 4. Remain drug and alcohol free with random testing. (Testing requirements at current sober house are sufficient)
  94. Findings and Order of Statutory Fees Victim Witness Fee, DNA Fee, and Drug Analysis Fee waived. Judge: Wall, Hon. Joshua
  95. Surety present in court. Motion Hearing held. Surety's Motion for Return of Bail filed and, after hearing, ALLOWED. Court revokes prior orders of Bail, Defendant release on personal recognizance. Event Result:: Motion Hearing scheduled on: 06/02/2023 09:00 AM Has been: Held as Scheduled Hon. Michael Doolin, Presiding Staff: James Oliver, Deputy Assistant Clerk James Pardi, Assistant Clerk Magistrate ADA F. Leone
  96. Surety 's Motion for Return of Bail filed and ALLOWED
  97. Released on Personal Recognizance Judge: Doolin, Hon. Michael
  98. Posted bail returned RAB form
  99. Probation Transfer Notice Received. (Case transferring to Middlesex County) (Indictments scanned in)
  100. Probation Transfer Review Complete. Financials reviewed and verified.
  101. Probation transfer accepted. Originating Court: Suffolk County Criminal Case Number: 2184CR00563 Receiving Court: Middlesex County ;
  102. Copies of original Docket Report from Suffolk County received on 08/08/2023.

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