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.
21 comments:
Does the Commonwealth of Massachusetts even have authority over 1550 State Street? It, like the US Post Office, is Federal Property.
On the other hand, exactly what right does a judge have to continue an order without some sort of open testimony in support of it?
Personally, I think the judge should have gone to the US Attorney "OK, you protect her -- you assign her a secret service detail until such time that you are willing to permit her to testify to this court."
Yes, Judge Payne did say it would be interesting to see if the 258E can be transferred to a Federal Court.
They are all coming back to Judge Payne's District Court on July 21, so I think until then his emergency harassment order is probably valid and enforceable.
At least neither of the attorneys representing the Justice Department put up a fuss about the conditions he imposed.
On Federal property?!?!?
Wouldn't it be ironic if the person against whom the order was written was instead to arrest the Springfield PD or MSP troopers attempting to enforce it?
What authority does the Commonwealth have to order a Federal Officer to surrender a FEDERALLY-ISSUED Firearm? US Govt Property.
Judge didn't say anything about surrendering his weapon, although that may be implicit in a 258E. But I don't think Judge Payne expects that.
If I had to guess, this will go away before it returns to Eastern Hampshire District Court next month.
Good thing nothing ever happens in Amherst once the students leave. Place is getting bad.
Actually, shouldn't this have been in Hampden District Court, not Hampshire?
Springfield is in Hampden
And as to the juvenile, I think that it is about time for those little bastards to start thinking about the potential of some psycho coming at them with an axe when they pull their obnoxious stunts.
That's the way it used to be Larry when we were kids -- there were some guys who didn't quite come back from Vietnam and if you messed with one of them, if one of them just happened to be driving the car you threw the egg at, all bets were off...
She may live in the Hampshire District.
Yeah. I try to be nice to random strangers figuring they may be packing heat.
An aside:
Being passionate/knowledgeable about all things flags, what is your take on the SC Confederate flag business?
You're avoiding the questions. The difference: is that WBC is a private/religious organization. This flag is flying at a gov't building. Should our gov't be promoting an obvious racist symbol?
My concern is it will get to the point where an individual wearing a jacket emblazoned with a Confederate Battle Flag will be arrested for wearing it in a public place.
You know, kind of like the guy who was arrested for wearing a coat emblazoned with "Fuck The Draft."
Talk about government promoting racist symbols, what about the racist flag that Amherst flew a while back?
Don't show any weight sheets at any stores. They may be used to make Klan hoods. Wondering where it all ends.
Yeah, next they will ban "Dukes of Hazzard" reruns.
I always thought that floral print sheets made the best Klan hoods...
Yes. Harkens back to the old west when the expression "Smile when you say that" came into use. Everybody packed heat in them thar days...
And don't forget to tear down those statues of Robert E Lee and knock down the gravestones of all those brave --I mean racist- confederate soldiers. Didn't Licoln say something about malice towards none in his second inaugural? I guess we enjoy the malice 150 years later. There musta been a statute of limitations on the forgiveness that great Republican was after.
And songs. Lynard will now have to apologize to Neil Young. God forbid.
Er. I meant 'white' of course.
Amherst flew a racist flag? Hard to believe (not) in a town where the vast majority of its population regard and yes, judge others the basis of race, (especially race,) color, creed, national origin, and sexual preference.
Yeah, what flag flown in Amherst are you talking about? I admit the way we treat blacks in our schools is racist. We teachers are encouraged to sort of look the other way when there is a situation requiring the disciplining of a "student of color." Not sure why or what difference their color makes. Guess I better abandon my long standing treatment of orhers "without regard to race, color, creed.. ."
I can see a day coming when even your religion will be against the the law.
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