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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-09
Status Open
Type Indictment|Rape Of Child, Aggravated, Five Year Age Difference C 265 §23 A
Docket 93 entries

Parties

Defendant Najera Jimenez, Kevin E

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Attorney appearance On this date Casey E Smith, Esq. added for Prosecutor Bristol County District Attorney
  3. Attorney appearance On this date Natalie I Sreca, Esq. added as Private Counsel for Defendant Kevin E Najera Jimenez
  4. Event Result:: Arraignment scheduled on: 03/28/2023 09:00 AM Has been: Held as Scheduled Hon. William M White, Jr., Presiding Appeared: Prosecutor Silvia Rudman (for Casey Smith) Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Private Counsel (limited appearance for arraignment only) Spanish interpreter Ricardo Reyes present Staff: Erin J Tierney, Assistant Clerk Magistrate Joseph T Vincent, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter 03/28/2023 09:00 AM
  5. Defendant arraigned before Court. Judge: White, Jr., Hon. William M
  6. Defendant waives reading of indictment Judge: White, Jr., Hon. William M
  7. Plea of not guilty entered on all charges. Judge: White, Jr., Hon. William M
  8. Released on Personal Recognizance with the following conditions: Stay away from alleged Victim and Witness(es) and have no direct or indirect contact with victim(s) or witness(es); no unsupervised contact with children under the age of 16
  9. Bail warnings read Judge: White, Jr., Hon. William M
  10. ORDER of Pre-Trial Conditions of Release Judge: White, Jr., Hon. William M
  11. Event Result:: Status Review scheduled on: 05/05/2023 09:00 AM Has been: Held as Scheduled Comments: No counsel appeared on behalf of the defendant. Hon. William M White, Jr., Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Staff: Aaron T. Strojny, Assistant Clerk Magistrate Joseph T Vincent, Assistant Clerk Magistrate Digital Recording Device Bris CR 1, Court Reporter
  12. Event Result:: Motion Hearing scheduled on: 06/01/2023 02:00 PM Has been: Rescheduled For the following reason: Transferred to another session Hon. Gregg J Pasquale, Presiding Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  13. Scheduled: Judge: Donatelle, Hon. Sharon Event: Jury Trial Date: 07/31/2023 Time: 09:00 AM Result: Rescheduled
  14. Event Result:: Motion Hearing scheduled on: 06/01/2023 12:00 PM Has been: Held as Scheduled Hon. Renee P Dupuis, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Limited Appearance Counsel Staff: Kristen Wiley, Assistant Clerk Magistrate Digital Recording Device Bris CR 2, Court Reporter
  15. Commonwealth 's Motion to Join 1973CR00039 & 2373CR00065. (VIDE 1973CR00039 P#100 )
  16. Endorsement on Motion to Join 1973CR00039 & 2373CR00065. (VIDE 1973CR00039), (#100.0): ALLOWED without objection.
  17. Commonwealth 's Petition to secure attendance to out-of-state witnesses pursuant to G.L. C 233 s 13B (vide #1973CR0039, P#101)
  18. Defendant 's Notice of Expert Testimony (Dr. Steven Laken) (Vide 1973CR00039 #102)
  19. Defendant 's Notice of Expert Testimony (Ms. Kelly Stockbarger) (Vide 1973CR00039 #103)
  20. Defendant 's Notice of Expert Testimony (Vide 1973CR00039 #104)
  21. Attorney appearance On this date Joseph B Simons, Esq. added as Private Counsel for Defendant Kevin E Najera Jimenez
  22. Event Result:: Final Pre-Trial Conference scheduled on: 07/14/2023 09:00 AM Has been: Held as Scheduled Comments: Danielle Soriano Spanish Interpreter Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Limited Appearance Counsel Joseph B Simons, Esq., Private Counsel Danielle Soriano Spanish Interpreter Staff: Mark Ferriera, Assistant Clerk Magistrate Digital Recording Device, Court Monitor 07/14/2023 09:00 AM
  23. Event Result:: Jury Trial scheduled on: 07/31/2023 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Hon. Sharon Donatelle, Presiding Mark Ferriera, Assistant Clerk Magistrate
  24. Commonwealth 's Motion to Prioritize Trial Under M.G.L. Chapter 278, Section 16F (Vide P#105 1973CR00039)
  25. Endorsement on Motion to Prioritize Trial Under M.G.L. Chapter 278, Section 16F (Vide P#105 1973CR00039), (#105.0): ALLOWED Judge: Donatelle, Hon. Sharon
  26. Joint Pre-Trial Memorandum filed: (Vide P#106 1973CR00039)
  27. Commonwealth 's Motion in limine as to Defendant's Potential Character and/or Reputation Witnesses (Vide 1973CR00039 #115)
  28. Commonwealth 's Motion in limine First Complaint (Vide 1973CR00039 #116)
  29. Commonwealth Bristol County District Attorney's proposed juror Voir Dire questions filed. (Vide 1973CR00039 #117)
  30. Commonwealth 's Motion in limine to Preclude Reference to (1) Any Alleged "Bad Character" or "Bad Reputation" of the Victim and (2) Any Alleged "Prior Bad Acts" of the Victim (Vide 1973CR00039 #118)
  31. Commonwealth 's Motion in limine Regarding Rape Shield (Vide 1973CR00039 #119)
  32. Attorney appearance On this date Danielle Pixley, Esq. added as Attorney for the Commonwealth for Prosecutor Bristol County District Attorney
  33. Impanelment of jurors on this date Judge: Donatelle, Hon. Sharon
  34. Event Result:: Jury Trial scheduled on: 08/08/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Natalie I Sreca, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  35. Endorsement on Motion in limine as to Defendant's Potential Character and/or Reputation Witnesses, (#115.0): ALLOWED without objection. (Vide P#115 1973CR00039) Judge: Donatelle, Hon. Sharon
  36. Endorsement on Proposed Voir Dire Questions, (#117.0): ALLOWED (Vide P#117 1973CR00039) Judge: Donatelle, Hon. Sharon
  37. Endorsement on Motion in limine to Preclude Reference to (1) Any Alleged "Bad Character" or "Bad Reputation" of the Victim and (2) Any Alleged "Prior Bad Acts" of the Victim, (#118.0): ALLOWED No anticipated evidence of this nature. (Vide P#118 1973CR00039) Judge: Donatelle, Hon. Sharon
  38. Endorsement on Motion in limine regarding Rape Shield, (#119.0): ALLOWED No evidence of this nature to be offered. (Vide P#119 1973CR00039) Judge: Donatelle, Hon. Sharon
  39. Commonwealth 's Motion to Exclude the Testimony of Defense Expert Kelly Stockbager, or in the Alternative, to Conduct A for A Voir Dire (Vide P#121 1973CR00039)
  40. Endorsement on Motion to Exclude the Testimony of Defense Expert Kelly Stockbager, or in the Alternative, to Conduct A For A Voir Dire, (#121.0): No Action Taken Issue is moot. (Vide P#121 1973CR00039) Judge: Donatelle, Hon. Sharon
  41. Commonwealth 's Motion in limine to Admit Testimony of Substitute DNA Criminalist (Vide P#122 1973CR00039)
  42. Endorsement on Motion in limine to Admit Testimony of Substitute DNA Criminalist, (#122.0): ALLOWED without objection. (Vide P#122 1973CR00039) Judge: Donatelle, Hon. Sharon
  43. Witness list (Vide 1973CR00039, #123.1) Applies To: Bristol County District Attorney (Prosecutor)
  44. Event Result:: Jury Trial scheduled on: 08/09/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  45. Affidavit of of Casey E. Smith, ADA, in Support of Commonwealth's Motion for FIrst Substitute First Complaint Witness Copied from linked case: 1973CR00039
  46. Endorsement on Objection to Commonwealth's Motion in Limine to Admit Expert Testimony, (#120.0): DENIED after hearing Judge: Donatelle, Hon. Sharon Copied from linked case: 1973CR00039
  47. Impanelment of jurors on this date Judge: Donatelle, Hon. Sharon
  48. List of jurors filed. (Vide 1973CR00039, #124)
  49. Event Result:: Jury Trial scheduled on: 08/10/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Private Counsel Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  50. TRIAL ACTIVITY: Jury sworn and testimony commences. Judge: Donatelle, Hon. Sharon
  51. Endorsement on Motion in limine to Exclude First Complaint Evidence, (#113.0): DENIED after hearing for reasons stated on the record Judge: Donatelle, Hon. Sharon Copied from linked case: 1973CR00039
  52. Event Result:: Jury Trial scheduled on: 08/14/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  53. Event Result:: Jury Trial scheduled on: 08/15/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  54. Scheduled: Judge: Donatelle, Hon. Sharon Event: Jury Trial Date: 08/17/2023 Time: 09:00 AM Result: Held as Scheduled
  55. Event Result:: Jury Trial scheduled on: 08/16/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  56. Interpreter present Norma Rosen Mann, Certified Spanish Interpreter present for Commonwealth witness. Judge: Donatelle, Hon. Sharon
  57. Scheduled: Judge: Donatelle, Hon. Sharon Event: Jury Trial Date: 08/22/2023 Time: 09:00 AM Result: Held as Scheduled
  58. Event Result:: Jury Trial scheduled on: 08/17/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Danielle Pixley, Esq., Attorney for the Commonwealth Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Private Counsel Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  59. Defendant 's Motion for a Required Finding of Not Guilty at the Close of the Commonwealth's case - DENIED after argument Judge: Donatelle, Hon. Sharon Copied from linked case: 1973CR00039
  60. Event Result:: Jury Trial scheduled on: 08/22/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Private Counsel Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  61. Event Result:: Jury Trial scheduled on: 08/22/2023 10:45 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Natalie I Sreca, Esq., Private Counsel Joseph B Simons, Esq., Private Counsel Staff: Kristen Wiley, Assistant Clerk Magistrate Digital Recording Device Bris CR 2, Court Reporter
  62. Scheduled: Judge: Donatelle, Hon. Sharon Event: Jury Trial Date: 08/22/2023 Time: 10:45 AM Result: Held as Scheduled
  63. Docket Note: Trial moved to courtroom 7 for closings and charge due to FTR outage. Judge: Donatelle, Hon. Sharon
  64. Defendant 's Motion for a Required Finding of Not Guilty at the Close of all the Evidence - Denied Judge: Donatelle, Hon. Sharon Copied from linked case: 1973CR00039
  65. Event Result:: Jury Trial scheduled on: 08/23/2023 09:00 AM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  66. Event Result:: Hearing for Sentence Imposition scheduled on: 08/23/2023 12:00 PM Has been: Held as Scheduled Hon. Sharon Donatelle, Presiding Appeared: Prosecutor Casey E Smith, Esq., Defendant Kevin E Najera Jimenez Joseph B Simons, Esq., Private Counsel Staff: Aaron T Strojny, Assistant Clerk Magistrate Digital Recording Device, Court Monitor
  67. Scheduled: Judge: Donatelle, Hon. Sharon Event: Jury Trial Date: 08/23/2023 Time: 09:00 AM Result: Held as Scheduled
  68. Commonwealth files sentence recommendation
  69. List of exhibits Copied from linked case: 1973CR00039
  70. Verdict affirmed, verdict slip filed (Guilty as to Offense 1)
  71. Verdict affirmed, verdict slip filed (Guilty as to Offense 2)
  72. Verdict affirmed, verdict slip filed (Guilty as to Offense 3)
  73. Verdict affirmed, verdict slip filed (Guilty as to Offense 4)
  74. Verdict affirmed, verdict slip filed (Guilty as to Offense 5)
  75. Verdict affirmed, verdict slip filed (Guilty as to Offense 6)
  76. Offense Disposition:: Charge #1 RAPE OF CHILD, AGGRAVATED, FIVE YEAR AGE DIFFERENCE c265 §23A On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict Charge #2 RAPE OF CHILD, AGGRAVATED, TEN YEAR AGE DIFFERENCE c265 §23A On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict Charge #3 RAPE OF CHILD c265 §23 On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict Charge #4 INDECENT A&B ON CHILD UNDER 14 c265 §13B On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict Charge #5 INDECENT A&B ON CHILD UNDER 14 c265 §13B On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict Charge #6 INDECENT A&B ON CHILD UNDER 14 c265 §13B On: 08/23/2023 Judge: Hon. Sharon Donatelle By: Jury Trial Guilty Verdict
  77. Defendant sentenced:: Sentence Date: 08/23/2023 Judge: Hon. Sharon Donatelle Charge #: 1 RAPE OF CHILD, AGGRAVATED, FIVE YEAR AGE DIFFERENCE c265 §23A State Prison Sentence Not Less Than: 20 Years, 0 Months, 0 Days Not More Than: 30 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Charge #: 2 RAPE OF CHILD, AGGRAVATED, TEN YEAR AGE DIFFERENCE c265 §23A State Prison Sentence Not Less Than: 20 Years, 0 Months, 0 Days Not More Than: 30 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Charge #: 3 RAPE OF CHILD c265 §23 State Prison Sentence Not Less Than: 20 Years, 0 Months, 0 Days Not More Than: 30 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Charge #: 4 INDECENT A&B ON CHILD UNDER 14 c265 §13B State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 10 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Charge #: 5 INDECENT A&B ON CHILD UNDER 14 c265 §13B State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 10 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Charge #: 6 INDECENT A&B ON CHILD UNDER 14 c265 §13B State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 10 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1973CR00039 Committed to Souza Baranowski Correctional Center Credits 1133 Days
  78. Issued on this date: Mittimus for Sentence (All Charges) Sent On: 08/23/2023 14:42:27
  79. Findings and Order of Statutory Fees Judge: Donatelle, Hon. Sharon VWF in the amount of $90.00 imposed DNA fee in the amount of $110.00 imposed LCF in the amount of $150.00 waived GPS fee waived Domestic violence prevention and victim assistance fee waived (Vide 1973CR00039, #141)
  80. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Donatelle, Hon. Sharon
  81. Defendant notified of right of appeal to the Appeals Court within thirty (30) days. Judge: Donatelle, Hon. Sharon
  82. Notice given to defendant of duty to register as a sex offender. Judge: Donatelle, Hon. Sharon
  83. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Donatelle, Hon. Sharon
  84. Notice of appeal from sentence to Souza Baranowski Correctional Center filed by defendant (Vide 1973CR00039 #145)
  85. Notification to the Appellate Division sent.
  86. Document: Letter to the Appellate Division (Vide 1973CR00039 #146) Sent On: 08/31/2023 15:56:13
  87. Notice of appeal filed. (Vide 1973CR00039 #147) Applies To: Najera Jimenez, Kevin E (Defendant)
  88. Attorney appearance On this date David B Mark, Esq. added as Attorney for the Commonwealth for Prosecutor Bristol County District Attorney
  89. Defendant 's Motion to Revise and Revoke (Vide 1973Cr0039 #148)
  90. Defendant 's EX PARTE Motion for funds to Transcribe Final Pretrial Hearings and Trial and Affidavit in Support (Vide 1973CR00039 #149)
  91. Defendant 's Motion to Withdraw Appearance of Counsel and to Appoint Counsel for Appeal and Affidavit in Support (Vide 1973CR00039 #150)
  92. Endorsement on Motion for funds to Transcribe Final Pretrial Hearings and Trial, (#149.0): ALLOWED in an amount not to exceed $5,000.00. (Vide P#149 1973CR00039) Judge: Donatelle, Hon. Sharon
  93. Endorsement on Motion to withdraw Appearance of Counsel and to Appoint Counsel for Appeal, (#150.0): No Action Taken Trial counsel shall proceed in accordance with Rules of Appellate Procedure 3(e) and may file a notice of withdrawal when appropriate. Further, trial counsel shall continue to represent the defendant in his appeal to the Appellate Division of the Superior Court. See Super Court Rules special provisions for criminal cases: R64 Appellate Division. (Vide P#150 1973CR00039) Judge: Donatelle, Hon. Sharon

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