Variety of Alleged Assaults

Eastern Hampshire District Court in Belchertown

In addition to handling arraignments for arrests from Amherst and other local police departments (and State PD) a District Court Judge also routinely hears parole violations, magistrate appeals over civil motor vehicle violations and 258E restraining orders.

On Monday morning  Robert Chiado was arraigned before before Judge John Payne on the scary sounding charge of a"assault and battery with a dangerous weapon", an ax.  Although at his arraignment the Assistant District Attorney told the Judge, "It was just a threat, there was no active use of the ax."

Robert Chiodo, age 47, stands before Judge John Payne

He was arrested early Saturday morning for threatening two individuals with the ax after he drove his truck close to them on State Street and one of them slapped the truck with his hand. Right out of a horror movie Chiodo pulled over, exited his vehicle brandishing the ax.

He spent the next two nights at the Hampshire County Jail in Northampton but was released by Judge Payne on his own recognisance and will appear again in Court on July 21.  As he was being released the Judge's assistant asked the prosecution if there were "56A allegations" to which he replied "no."

So I was a little surprised when I returned for my public document request a few hours later and was told the police "Statement of Facts" had been "impounded."  Turns out it had nothing to do with the new 56A law, which forbids any release of information regarding "domestic abuse," but simply because one of the victims was a juvenile.

I asked why the Clerk's office couldn't simply redact the one name but was told that's not the way it works.

After Mr. Chiodo was being led out of the "lock up" on the side of the court room, Judge Payne transitioned to a 258E protection order and all eyes shifted to the front of the room where most Court business is transacted.

A gentleman introduced himself politely to Judge Payne and stated he was from the US Attorney's Office representing the Department of Homeland Security.

He basically told the Judge he was present today to ensure no special agent's testify in the case now before the Judge because the Department of Homeland Security had not yet completed their investigation and had not issued permission for any of their employees to testify.

The Judge had issued an emergency harassment order last week to a woman and today's hearing was for an extension of that Court order.  A female agent had sought protection against a male agent for bad behavior occurring at their 1550 Main Street office in Springfield.

She had brought with her another special agent from the same office to testify as a witness, and the male defendant had another "local attorney" assigned to him by the Department of Justice who told the Judge he simply wanted this hearing "continued."

He was working to get the matter transferred to a Federal Court.

Judge Payne continued the hearing until July 21 but did extend until then the 258E protection order -- no contact, no abuse, and "stay away" at least 100 yards.

One of the attorney's confirmed the defendant had been transferred from the Springfield to the Hartford office until the matter is resolved. 

I guess this shows the Department of Homeland Security is pretty much like any workplace in America.  With the 14th anniversary of 9/11 fast approaching, not an overly comforting thought.