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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-11-24
Status Open
Type Forfeiture G.l. C. 94 C 47
Docket 81 entries

Parties

Plaintiff Commonwealth
Defendant One 2014 Toyota Tacoma, Vin: 5 Tfuu 4 En 6 Ex 095910|Nine Hundred Dollars In United States Currency ($900.00)|One Cellular Telephone

Lawyers

Docket Entries

  1. ttorney appearance On this date Kevin L Ryle, Esq. added for Plaintiff Commonwealth
  2. ase assigned to: DCM Track F - Fast Track was added on 11/24/2021
  3. omplaint filed pursuant to G. L. c. 94C, 47
  4. ivil action cover sheet filed.
  5. ther Interested Party Thomas Whelen's Motion to Intervene as Defendant under Rule 24
  6. ndorsement on Motion to Intervene (#3.0): ALLOWED Judge: Sarrouf, Camille
  7. efendant-Intervenor Thomas Whelen's Motion to dismiss all counts from Civil Forfeiture Action in Rem (with memorandum incorporated)
  8. pposition to intervenor Thomas Whelen's motion to dismiss (P#4) filed by Commonwealth
  9. ffidavit filed by Plaintiff Commonwealth in support of Commonwealth's opposition to motion to dismiss
  10. ommonwealth's Memorandum in support of opposition to motion to dismiss.
  11. efendant Thomas Whelen's Motion, Memorandum to dismiss Defendant's Property from Civil Forfeiture Action in Rem (Supplemental)
  12. he following form was generated: Notice to Appear Sent On: 02/02/2022 14:40:05
  13. ffidavit of Patrick Whelan
  14. vent Result:: Hearing on Forfeitures scheduled on: 03/23/2022 03:00 PM Has been: Held as Scheduled Hon. C. William Barrett, Presiding Staff: Douglas Nagengast, Assistant Clerk Magistrate
  15. ndorsement on Motion to Dismiss Defendant's Property from Civil Forfeiture Action in Rem (Defendant's) (#4.0): DENIED After hearing, the motion is denied for the reasons stated on the record. The Commonwealth has pled all of the essential elements in its complaint for forfeiture and the allow the Court to conclude that there is a reasonable belief that Commonwealth can show probable cause to believe that the property at issue is subject to forfeiture. Decision Dated 3/23/2022
  16. ttorney appearance On this date Robert V Whynott, Esq. added for Other interested party Thomas Whelen
  17. he following form was generated: Notice to Appear Sent On: 03/25/2022 08:58:46
  18. cheduled: Event: Jury Trial Date: 10/31/2022 Time: 09:00 AM Result: Rescheduled
  19. vent Result:: Rule 56 Hearing scheduled on: 08/30/2022 02:00 PM Has been: Canceled For the following reason: Motion not filed Hon. John T Lu, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  20. efendant Thomas Whelen's Assented to Motion to Continue
  21. ndorsement on Motion to Continue (#7.0): ALLOWED Allowed by agreement. Judge: Barry-Smith, Hon. Christopher K
  22. vent Result:: Final Trial Conference scheduled on: 10/20/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  23. vent Result:: Jury Trial scheduled on: 10/31/2022 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  24. vent Result:: Trial Assignment Conference scheduled on: 10/20/2022 02:30 PM Has been: Held as Scheduled Comments: Counsel to report at FPTC date as to whether trial will proceed with jury or jury waived. Hon. Christopher K Barry-Smith, Presiding Appeared: Plaintiff Kevin L Ryle, Esq., Defendant Donna Bentley, Esq. Staff: Eily Jackson, Assistant Clerk Magistrate
  25. he following form was generated: Notice to Appear for Final Pre-Trial Conference Sent On: 10/20/2022 15:02:50
  26. cheduled: Event: Jury Trial Date: 03/27/2023 Time: 09:00 AM Result: Rescheduled
  27. roposed Property Owner Thomas Whelen's Assented to Motion to Continue
  28. vent Result:: Final Pre-Trial Conference scheduled on: 01/31/2023 02:15 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  29. ndorsement on Motion to Continue (#8.0): ALLOWED
  30. vent Result:: Jury Trial scheduled on: 03/27/2023 09:00 AM Has been: Rescheduled For the following reason: Request of Proposed property owner Comments: With assent of Commonwealth. See paper # 8. Hon. C. William Barrett, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  31. vent Result:: Final Trial Conference scheduled on: 03/21/2023 03:00 PM Has been: Rescheduled For the following reason: Request of Proposed property owner Comments: With assent of Commonwealth. See paper # 8. Hon. C. William Barrett, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  32. he following form was generated: Notice to Appear for Final Pre-Trial Conference Sent On: 01/31/2023 12:02:21
  33. efendant Thomas Whelan's Motion to Continue
  34. ndorsement on Motion to Continue (#9.0): ALLOWED by agreement Judge: Ellis, Hon. Sarah Weyland
  35. vent Result:: Final Pre-Trial Conference scheduled on: 05/30/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Sarah Weyland Ellis, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  36. laintiff Commonwealth's Memorandum of Law in Support of its Opposition to Intervenor Thomas Welan's Motion for Summary Judgment and in the Alternative to Support its Motion for Summary Judgment
  37. pposition to Intervenor Thomas Whelan's Motion for Summary Judgment and in the Alternative Order Summary Judgment for the Commonwealth filed by Commonwealth
  38. laintiff Commonwealth's Statement of Undisputed Facts in Support of the Commonwealth's Opposition and Motion for Summary Judgment
  39. ist of exhibits Exhibits in Binder Not Scanned In
  40. vent Result:: Final Pre-Trial Conference scheduled on: 07/25/2023 02:15 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: Joint pretrial memorandum not completed/filed with the court. Hon. Patrick Haggan, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  41. efendant Thomas Whelan's Motion for summary judgment, MRCP 56
  42. homas Whelan's Memorandum in support of Defendant's Motion for Summary Judgment
  43. efendant Thomas Whelan's Statement of Undisputed Material Facts
  44. pposition to Intervenor Thomas Whelan's Motion for Summary Judgment and in the Alternative Order Summary Judgment for the Commonwealth filed by Commonwealth
  45. ommonwealth's Memorandum in support of Its Opposition to Intervenor Thomas Whelan's Motion for Summary Judgment and in the Alternative to Support Its Motion for Summary Judgment
  46. laintiff Commonwealth's Statement of Undisputed Facts in Support of the Commonwealth's Opposition and Motion for Summary Judgment
  47. ertificate of Compliance Superior Court Rule 9A, Superior Court Rule 9C Applies To: Papachristos, Esq., George (Attorney) on behalf of Whelan, Thomas (Other interested party)
  48. vent Result:: Rule 56 Hearing scheduled on: 11/02/2023 02:00 PM Has been: Not Held For the following reason: Request of Defendant Comments: Defendant attorney ill Hon. Patrick Haggan, Presiding Staff: Matt Day, Assistant Clerk Magistrate
  49. vent Result:: Rule 56 Hearing scheduled on: 03/21/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Comments: Attorney Ryle and Attorney Whynott appeared. Attorney Whynott reported that Attorney Papachristos had calendared hearing for 3/22/2024 at 2:00 PM. Matter rescheduled, with assent of Commonwealth, for hearing at that date and time. Hon. C. William Barrett, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  50. vent Result:: Rule 56 Hearing scheduled on: 03/22/2024 02:00 PM Has been: Held as Scheduled Hon. C. William Barrett, Presiding Appeared: Plaintiff Kevin L Ryle, Esq., Other interested party Thomas Whelan George Papachristos, Esq., Private Counsel Staff: Emily Jackson, Assistant Clerk Magistrate
  51. ndorsement on Motion for summary judgment, MRCP 56 (#11.0): DENIED After hearing, the intervenor's motion is DENIED. There is an issue in dispute with respect to the specifics as to how the car was used to facilitate a violation of the controlled substances statutes. There is also an issue in dispute regarding a sufficient nexus between the car, money, and cell phone with the crimes charged. Because the above referenced issues in dispute, the Commonwealth's cross motion for summary judgment is also DENIED. See Also, findings of the court stated on the record.
  52. cheduled: Event: Jury Trial Date: 09/16/2024 Time: 09:00 AM Result: Rescheduled
  53. ttorney George Papachristos, Esq.'s motion to withdraw as counsel of record for party Applies To: Whelan, Thomas (Other interested party)
  54. ndorsement on Motion of Attorney George Papachristos, Esq.'s to withdraw as counsel of record for party (#12.0): ALLOWED Motion is ALLOWED but Attorney Papachristos MUST confirm with Clerk's Office that they have address for his former client (both email address and mailing address). Attorney Papachristos is ORDERED to inform his client of: 1.) Final Pretrial Conference 7/9/24 ; 2.) Final Trial Conference 9/11/24 ; and 3.) Jury Trial 9/16/24 and his former clients need to attend. Judge: Campbell, Hon. Cathleen E.
  55. ttorney appearance On this date George Papachristos, Esq. dismissed/withdrawn as Private Counsel for Other interested party Thomas Whelan
  56. ttorney appearance On this date Robert V Whynott, Esq. dismissed/withdrawn for Other interested party Thomas Whelan
  57. efendant-Intervenor Thomas Whelan's Motion to Continue Final Trial Conference
  58. ndorsement on Motion to Continue Final Trial Conference (#13.0): ALLOWED Request to continue final pretrial conference allowed by agreement.
  59. vent Result:: Final Pre-Trial Conference scheduled on: 07/09/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Lynn C Rooney, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  60. efendant-Intervenor Thomas Whelan's Joint Motion to Continue Trial and Final Trial Conference
  61. ndorsement on Motion to Continue Trial and Final Trial Conference Dates (#14.0): ALLOWED Allowed by agreement. New trial date to be selected with clerk.
  62. vent Result:: Final Pre-Trial Conference scheduled on: 08/22/2024 02:15 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Christopher K. Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  63. vent Result:: Jury Trial scheduled on: 09/16/2024 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Comments: See paper # 14. Hon. Christopher K. Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  64. vent Result:: Final Trial Conference scheduled on: 09/11/2024 02:30 PM Has been: Rescheduled For the following reason: Joint request of parties Comments: See paper # 14. Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  65. vent Result:: Filing of Motions scheduled on: 09/04/2024 03:00 PM Has been: Rescheduled For the following reason: Joint request of parties Comments: See paper # 14. Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  66. efendant Thomas Whelan's Motion to Argue the 8th Amendment in Court
  67. vent Result:: Final Pre-Trial Conference scheduled on: 10/08/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: Emailed parties to notify of rescheduling of event. Mr. Whelan's phone number of record is not service. Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  68. oint Pre-Trial Memorandum filed:
  69. ttorney appearance On this date Pro Se added for Other interested party Thomas Whelan
  70. laintiff, Other Interested Party Commonwealth, Thomas Whelan's Submission of joint witness list
  71. laintiff, Other Interested Party Commonwealth, Thomas Whelan's Submission of joint list of proposed exhibits
  72. cheduled: Event: Jury Trial Date: 01/21/2025 Time: 09:00 AM Result: Not Held
  73. vent Result:: Final Pre-Trial Conference scheduled on: 01/14/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: Parties filed joint pretrial memorandum 10/8/2024. Trial date scheduled administratively via email with clerk. Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  74. vent Result:: Jury Trial scheduled on: 01/21/2025 09:00 AM Has been: Not Held For the following reason: By Court prior to date Comments: Parties elect bench trial- see joint pre-trial memorandum (paper # 15). Jury waived trial scheduled 1/21/2025 at 9:00 AM. Hon. Christopher K Barry-Smith, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  75. vent Result:: Final Trial Conference scheduled on: 01/15/2025 03:00 PM Has been: Held as Scheduled Hon. Brent A Tingle, Presiding Appeared: Plaintiff Kevin L Ryle, Esq., Other interested party Thomas Whelan Staff: Emily Jackson, Assistant Clerk Magistrate
  76. vent Result:: Jury Waived Trial scheduled on: 01/21/2025 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Hon. Brent A Tingle, Presiding Staff: Emily Jackson, Assistant Clerk Magistrate
  77. laintiff, Proposed Property Owner Commonwealth, Thomas Whelan's Submission of Waiver of Detailed Findings
  78. atter taken under advisement: Jury Waived Trial - Rule 20 scheduled on: 01/27/2025 09:00 AM Has been: Held - Under advisement Hon. Brent A Tingle, Presiding Appeared: Plaintiff Kevin L Ryle, Esq., Other interested party Thomas Whelan Staff: Emily Jackson, Assistant Clerk Magistrate
  79. ist of exhibits and Witness List
  80. EMORANDUM & ORDER: DECISION AND ORDER FOLLOWING JURY WAIVED TRIAL WITH WAIVER OF DETAILED FINDINGS PURSUANT TO SUPERIOR COURT RULE 20(2)(h) (see scanned image, 2 pages) Judge: Tingle, Hon. Brent A
  81. ollowing an entry of Finding by the Court it is ordered that Nine Hundred Dollars in United States Currency ($900.00), One Cellular Telephone be forfeited to Commonwealth. It is further ordered: Based upon the evidence presented at trial by Mr. Whelan, the Court finds that he has sustained his burden of establishing the forfeiture of One 2014 Toyota Tacoma, VIN: 5TFUU4EN6EX095910 is excessive under the Eighth Amendment excessive fines clause. Accordingly, the subject vehicle is not subject to forfeiture and is to be returned to him forthwith.

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