Cape Cod Times:Parole board error raises alerts

Here is an article that appears in today's Cape Cod Times. Thanks to George Brennan for once again writing a clear and concise article!

I would like to address the statements made by parole board Executive Director Donald Giancioppo. Mr Giancioppo stated that the error had already been noticed and was being corrected. I find fault in this statement due to the fact that no one I spoke to at the Parole Board knew anything other then the fact that Parker was to have a parole hearing in January. They argued with me that I must not have understood how a mandatory sentence was handled. I was made to feel like I was overstepping my bounds by repeatedly stating that Parker was not to come up on bail until May 2009. I have never received an apology. I truly believe that Giancioppo was trying to deflect an egregious error that had been made on the part of his staff. I never spoke to Giancioppo, he is only hearing what his employees at the parole board tell him...to cover their own errors.

As mentioned in the article a spokesman for Barnstable County Sheriff James Cummings office stated that the parole board has access to Correctional facility files and sentencing information. It wasn't until a 3rd phone call that I had with the parole board that they checked these records and found THEIR error.

People have to be held accountable for these errors, especially where they do not only effect the convicted person by way of early release, but can be devastating to a family who is trying to mourn a lost family member - when it seems as though all the rights and benefits go toward the convicted.

It would have been nice to at least receive an "Oops, we made a mistake" or other kind of apology instead of trying to cover up the facts with double speak and pat answers.

Parole board error raises alerts

By George Brennan
STAFF WRITER - Cape Cod Times

December 10, 2007

Susan Linhares had reclaimed her life. The endless trips to court in Falmouth and Barnstable from her Mattapoisett home were over.

The Forestdale home belonging to her late mother, Diane Carhart, was sold last month.
And while holiday decorations spur thoughts of her mother, Linhares had stopped obsessing every waking moment about the injustice of a 2½-year jail sentence for the man who killed Carhart in a horrific daytime crash last March on Route 130 in Sandwich. The driver, Christopher Parker, 50, is also serving a concurrent sentence for his fifth conviction for operating under the influence in a separate case.

That all changed Thursday when Linhares opened a letter from the state Parole Board alerting her to a parole hearing for Parker.

Just four months after he started serving a mandatory 24-month sentence in the Barnstable County Correctional Facility, Parker was to have a parole hearing in February, the letter said.
"I sat here steaming," Linhares said, "so much for a mandatory two-year sentence."
Linhares called the parole board victim service coordinator who signed the letter. He initially told her she must be mistaken.

But Linhares was so insistent, parole board officials investigated and determined a mistake was made.

"We're regretful that it happened and we want to make sure it doesn't happen again," parole board Executive Director Donald Giancioppo said.

It was an isolated, administrative error, he said. The agency has 10,000 hearings per year and few mistakes are reported, he said. "We're going to look into this and make any changes necessary."

A spokesman for Barnstable County Sheriff James Cummings office said parole board employees can access jail records to avoid errors.

"Had we been asked, we have records he's doing 24 months mandatory sentence," spokesman Roy Lyons said.

Giancioppo said a member of the victim services unit also caught the mistake and was in the process of correcting it when Linhares called.

The Dec. 4 letter from the Parole Board to Linhares said she had until Jan. 4 to tell them she intended to be at the hearing. If she missed the deadline, she would be excluded.

"You hear all the time about them letting these criminals out too early by accident, but I never thought it would happen to me," Linhares said.

Former Gov. Mitt Romney is under scrutiny in his presidential bid for how a judge he appointed handled the case of convicted killer Daniel Tavares. Tavares, who recently completed a prison term for killing his mother, was released without bail on assault charges. He is now accused of killing a couple in Washington.

Linhares wrote to Gov. Deval Patrick and U.S. Sens. Edward M. Kennedy and John Kerry, asking them to investigate the parole board gaffe and create safeguards for victims.
And for the first time in months she's made an entry in her "Justice for Diane" blog. She will return to advocating for stricter sentences and mandatory drug testing in motor vehicle homicide cases, she said.

"There aren't even words to explain how I feel about this," Linhares said, about receiving the Parole Board letter. "I just sat there for five minutes just unable to say anything. I couldn't believe what I was seeing."

George Brennan can be reached at gbrennan@capecodonline.com

Parker Almost Paroled in Error!

Today I received a letter from the Massachusetts State Parole Board, stating that a Parole Hearing was to be held for Christopher Parker in Janusary....so much for the mandatory two year sentence!!!!!!!

After a few phone calls and a bit of digging by the Barnstable County House of Correction they found that an error had been made and Parker should not come up for Parole until May 2009. Phew! If I hadn't called then he would have been let out sometime in Feb. 2008 after serving only 7 months.

You hear about convicts being paroled early "by accident", but never would I have thought I would have a letter in my hand that was one of those "accidents". Right now there are several candidants for President of the U.S. that are defending themselves against allegations that their administrations had let convicted men out way too early on Parole. It is in the news all too often and now I have proof of it. To say we, the family and friends of Diane, are disheartend is an understatement. There needs to be a better system of double and even triple checking to make sure these errors don't continue.

I have written another letter to Gov. Devol Patrick, letting him know once again how disappointed I am in Massachusett's law and correctional system and asking him how this can happen? If I get a response I will post it here. If anyone else would like to have their voices heard in this disturbing chain of events please contact the Governor (website is sidebar).

I have not forgotten this site but had to take some time off to get my health in order. Now it looks like my fight has been recharged!

Sue

Summary of Parker Pleading Guilty

Flashback to Wednesday, July 25, 2007.....

Commonwealth vs. Christopher G. Parker
Barnstable District Court
Barnstable, MA

I went to court wondering what would happen. As I mentioned I had found it hard to sleep the night before due to the anticipation. Since the traffic had been heavy the last time I had gone to this courthouse I left an hour and forty-five minutes early to make the 50 minute drive. Of course since I had left early there wasn't any traffic and I actually made my way to Barnstable way ahead of schedule.

There is a rest area with a Burger King at the exit I take off of Route 6 so I grabbed a burger and fries and parked in the parking lot to eat. When I was finished I still had forty minutes to spare so I sat there and read out loud the victim impact statements that my brother and myself had written so that I would be familiar with them.

I arrived at the courthouse about ten minutes early and after passing through security I made my way to the D.A.'s office to meet up with Victim/Witness Advocate Kathleen Finnegan. Francine Abbott and her friend were already there. Kathleen had us each sign a paper that will allow us to be notified when Parker comes up for parole.

At about 2:00pm we were taken into the Second Session Courtroom on the second floor of the courthouse. This was a smaller courtroom then the First Session Courtroom. I sat in the front row with Kathleen at my right. Francine Abbott was a couple of rows behind us. Parker was already in the area to the left of the Judge's desk where the people who are in custody are seated. Parker's Court-appointed Attorney Woodrow Brown was standing next to Parker. Also in the Courtroom was A.D.A. Brian Shea who was prosecuting the case, a Clerk sitting in front of the Judges bench and a couple of bailiffs. Additionally a reporter and photographer from the Cape Cod Times were sitting to the right side of the room. It was too bad that George Brennan who had been reporting on this case from the onset couldn't be there...although I can't blame him, I would have rather been in Hawaii too :-)

A few minutes after entering the courtroom one of the bailiffs said "All Rise" and as we stood Judge Lynch entered the room and took her seat. The clerk called out the case "Commonwealth vs. Christopher G. Parker" and the judge asked A.D.A. Shea to recite the evidence. Shea read from the police report, mentioning that when police arrived at the scene they found Diane unresponsive in her Chevrolet Tracker and that her vehicle was so badly damaged it took time for them to extract her. They noticed that she had a very weak pulse and an attempt was made to bring her to a school field nearby where a med-flight helicopter was waiting. When they arrived at the helicopter it was determined that nothing could be done and Diane was brought to Falmouth Hospital where she was pronounced dead due to a skull fracture and bruising in her brain.

There were a number of witnesses mentioned and it was stated that Parker made no attempt to avoid the accident. A satellite radio and headphones were found on the front seat of the Honda Accord that Parker was driving and Parker had admitted that he had been fiddling with the radio at the time of the crash. When A.D.A. Shea finished the judge asked Parker if he agreed with the facts as they had been read and Parker said they were "Fairly accurate". Parker also mentioned, with a red face, that he apologized for the heartache he had caused and that he wishes he could change the events of that day.

Now it was time for the victim impact statements to be read. Francine Abbott went first and she sobbed as she read from the pages she had prepared, standing where she had been seated. When she finished after about four minutes it was my turn to stand. I went to the front and read first what my brother had sent for me to read (he lives in Arizona and couldn't make it) and then my own statement, which I've already posted here a few days ago. It took me about 16 minutes to read through both of them and all the while Parker had to stand there. He shifted his weight from one foot to the other and stared at the ground. The statements had to be addressed to Judge Lynch, but Parker could certainly hear what was being read aloud.

When I finished Judge Lynch thanked us for our statements and then asked both the prosecution and the defense what they would recommend for a sentence for the charges of Vehicular Homicide and driving on a revoked license. The Judge thought on it for a moment and stated that the maximum sentence for Vehicular Homicide was 2.5 years. She sentenced Parker to that 2.5 years with 6 months suspended and then 2 years probation when he was released. She also gave Parker 10 days on the the driving with a revoked license charge...to be served concurrently to the 2.5 years.

I admit that I was upset at the sentence, especially the 10 days to be served concurrently. I had this feeling of "why bother?" Unfortunately I was going to get that feeling again in just two days when Parker went before a Judge in Falmouth District Court on OUI charges from October 2006. But that will be in the next post.

Parker was taken from the courtroom by the two bailiffs and I said "Good-bye" to Kathleen Finnegan and A.D.A. Shea and drove home. I called my brother as soon as I got home and let him know what had happened.

I don't think I have to tell anyone that I was disappointed by the 2.5 years and 10 days, with only 2 years to serve that Parker received for killing my Mom. It makes Parker's life seem so much more important. I have been shocked at the overly liberal court system on the Cape. Having sat through a number of arraignments and dispositions while waiting for Parker's cases to be called it seems like a bit of a farce. It is not the District Attorney's fault, their hands are pretty much tied by the laws (or lack of) of the Commonwealth of Massachusetts. I have watched four different Judges dismiss most cases or continue them without a finding. Numerous people who are charged with driving without a license have their cases dismissed after the Judge asks the defendant if it is a case where they are not able to get a license (illegals). Look through the court reports that the Cape Cod Times prints (link can also be found at left). I've noticed that others on the Cape have written about this same topic on the Cape Cod Times forums.

I've got to go get some work done so I will post what happened last Friday when Parker plead guilty to his fifth OUI later on.

New Feature - Please Vote In Our Polls!

In order to be able to get an idea of what people are thinking in regards to various Massachusetts laws relating to repeat offenders, operating under the influence of drugs or alcohol, vehicular homicide, and concurrent sentencing I will be putting a few polls up, located just under Diane's picture at left.

Polls will generally last for 30 days or longer.

All votes are anonymous and while you can only vote once, you can go back and change that vote.

Please take the time to vote.

Within the week I will be putting up a link to an online petition too. Be sure to check back as we start phase two of this site. Now that Parker has been sentenced and sent to jail (too briefly in my opinion) I will Begin to work in earnest to bring our motor vehicle laws in line with most other states. At this time Massachusetts is losing out on Federal funding because the driving laws are not in line with federal guidelines - Lets do something to fix that!

Convicted driver pleads guilty to fifth DUI - Cape Cod Times

The following article is in today's issue of Cape Cod Times, as well as on their website. I promise that I will write up exactly what happened at both dispositions, I've just been unbelievably busy the last couple of days.

By Aaron Gouvea Cape Cod Times
July 28, 2007

FALMOUTH — Different court room, same result.

Christopher Parker, 50, pleaded guilty in Falmouth District Court yesterday to operating a motor vehicle under the influence of drugs and received a 2 ½-year sentence, six months above the minimum mandatory sentence for a fifth offense. In addition, he also received a one-year sentence for operating a motor vehicle negligently for the incident last October while driving in Bourne.

The sentences will run concurrently with the 2 ½-year sentence Parker received on Wednesday in Barnstable Superior Court, where he pled guilty to vehicular homicide.

Parker, of Forestdale, killed Diane Carhart, 63, in March when he slammed his Honda Accord into her Chevy Tracker on Route 130 in Sandwich. Police said Parker looked down to adjust a portable radio, causing the crash.

Although the last six months of his sentence will be suspended, he will be on probation for a combined four years. Parker will also have to submit to random drug and alcohol testing both in and out of prison, as well as alcohol counseling.

Carhart's daughter, Susan Linhares of Mattapoisett, is hopeful the punishments will serve as a fresh start for Parker and his family.

"I really do wish the man could clean himself up for his family's sake," Linhares said yesterday after Parker's court appearance. "My mother and I have never been vindictive people and while we won't forgive, we don't wish anybody harm."

Parker Pleads Guilty to 5th DUI

More coming soon!

Disposition on October DUI charge against Parker

I'm leaving now to go to the Falmouth District Court in Falmouth, MA in order to see what Parker receives for a sentence. I've been told there is a chance that any jail time in this charge could be served concurrently to his jail time he is serving in Diane's case. I really hope that is not the case since this case happened 5 months before the crash that Parker has been found guilty of where Diane died, it was in a different location, with the cases in two different courthouses. I just don't see how they could do that.

I'll be back around 11am as far as I know and will post the results of the case when I get back home so stop back by in a few hours.

My Victim Impact Statement

Below is my Victim Impact Statement that I read in the courtroom just before Christopher G. Parker was sentenced. While it is directed to the Judge, Parker was standing, looking at the ground with a red face as I read it. When I was done Judge Lynch thanked me for giving them an idea of who Diane, my Mom, was.

Good Afternoon your Honor,

Thank you for giving my brother and me this time to remember our Mother.

Diane Louise Kelsey Everett Carhart was more then just a name in the newspaper or local television news...the "Forestdale Woman Killed in Accident". She was a loving, caring person who always had a kind word or a helping hand for anyone she met. When asked to give one word to describe her the word "Friend" comes to our minds first, and quickly.

My mother was my best friend. When I was growing up we moved about every 12 to 18 months due to my father's work with the National Marine Fisheries Service. It seemed that I was always the new kid in school. My mother was my closest consistant friend during those years and on into my adulthood. She was my best friend until March 5, 2007 when she was tragically taken from us. While I didn't necessarily see her each and every day, I did speak to her daily. It is so hard for me to realize and comprehend that she is no longer there to answer the phone.

On the morning of March 5th my Mom called me to say what a great time she had had the night before when we had celebrated my Grandmother (Mom's mother)'s 87th birthday. As we talked we made plans to attend a field trial that my dogs were entered in the following weekend in Falmouth. My husband and I do not have children but Mom always enjoyed cheering on her "granddogs" at the events I participate in with them.. After a few minutes of our conversation she said "Goodbye" and hung up the phone, telling me she was going to run a few errands and swing by the Dunkin' Donuts down the road from her home, at Tradewinds Plaze on Route 130.

A short time later I received a very distraught phone call from my brother. "Sue, Mom's dead!" Those words are forever etched into my mind. I initially thought that he was playing a really bad joke on me...I had just talked to Mom, she wasn't dead. Unfortunately as he told me what had happened the awful truth began to sink in. My mother died while waiting to turn into Tradewinds plaza. She was on her way to Dunkin' Donuts to get a vanilla frosted donut with sprinkles and an ice coffee which she would then take down to the water along the Canal in Sandwich. It was her morning routine. She loved watching the boats come through the canal and meeting new people. She died the day after her mother's 87th birthday and was buried a few days later on her brother's 50th birthday. Instead of attending the field trial we had planned on going to the following weekend I was standing next to her closed coffin, greeting people at her wake and funeral.

As I mentioned, my mother was my friend. She was actually much more then that to me as she was my lifeline in many ways. While the death of a mother is one of the hardest things that we as human beings will experience I not only grieve her loss but I also need my mother!

One year ago, not to long after the death of my Mother's husband, my stepfather Lloyd Carhart, I began having problems with my vision. A MRI revealed that I had a meningioma, a benign but fast growing tumor in my head. Due to it's location it had to be removed. My mother changed her entire work schedule, she was manager of the Childrens Gift Shop at Plimoth Plantation, so that she would be able to take me to the many rounds of doctors appointments at Brigham and Woman's hospital. She was with me on August 17th, 2006 as I awoke in the Neurological Intensive Care Unit after undergoing a 9 hour surgery; a left frontal craniotomy with the removal of the bones in my left orbit which were then replaced by titanium mesh.

I stayed at Mom's house for several weeks after I was released from the hospital and she again stayed with me up in Boston when I was readmitted to the hospital due to complications and cognitive problems I was having as a result of the surgery. Mom had been helping me each week with my rehabilitation, relearning many of the things that we all seem to take for granted.
Last month I went back to Brigham and Woman's hospital for my latest 3 month follow-up MRI and then meeting to read the results with my NeuroSurgeon. This was the first time that I went up there without my Mom. To say that I was a bit nervous to go up there by myself is an understatement. You see, there is still a part of the tumor behind my left eye and eventually I will most likely need another craniotomy. My eyesight is getting worse almost daily so I'm nervous that the tumor is growing back faster then the neurosurgeons had hoped. I don't know how I'm going to be able to get through a second brain surgery without my Mom there to make sure that my meds are correct and otherwise see that I'm alright. My husband is a long-haul trucker so he is gone during the week. I NEED my mother and I am scared about life without her. I need her humor and guidence when I am depressed. Additionally, while it embarrasses me a bit to say it, my mother was helping us out financially by helping to pay the mortgage on our house, paying my numerous perscriptions and providing me with the use of my Stepfather's car due to the fact that I have been out of work for almost a year now because of my health. I don't know what I will do or how I will get through it all now.

Since my mother's death I've also had the return of the migraine headaches that preceeded my surgery. I can not sleep longer then two or three hours at a stretch. I have been diagnosed with fibromyalgia, an auto-immune disease that can be triggered by stress, major surgery or shock. I have frequent panic attacks, especially when I go to the phone to call my Mom and realize half way through dialing her number that she will not be there to answer, that I will never hear her voice again. All due to the thoughtless, irresponsible and selfish actions of Christopher G. Parker.

There are times that I have nightmares or moments during the day of where I can almost feel her thoughts as she realized that she was dying. One moment she is waiting to make a left turn with her blinker on, watching for the oncoming traffic to clear and the next she is dying. It is as if in her very last moments she is crying out "I don't want to die", "Please don't let me die", "Who will take care of Susie, she needs me! ?" "I want to watch my Grandchildren grow up, please, I don't want to leave them". I know my Mother's thoughts would not be of herself, but of those that she is leaving behind. I can't seem to get those thoughts out of my mind, they haunt me. I am now seeing a therapist and am on anti-depressants and anxiety medication for the first time in my life. There are now times that I am afraid of what the next day will bring.

My mother had just begun to get out of the depression that she had felt due to losing her husband Lloyd after a long illness. My being diagnosed with a brain tumor three months later really effected her also. She was finally starting to move on and live her life to the fullest. Beginning to travel and make plans for the future.

I wanted to be able to give this victim impact statement so that people in this courtroom would have a chance to better know my mother. While recently going through the difficult task of packing up 63 years of her memories and life my brother found an autobiography that our mother had written in 1987 when she was living in Annapolis, Maryland.. I was able to read it as part of an Eulogy during her funeral, which was attended by approximately 350 people. At this time I would like to read a small portion to you in the hope that you will come to know who Diane Louise Kelsey Everett Carhart was and what she meant to her family and friends.

My Autobiography by Diane Carhart

I was born in New Bedford, Massachusetts on October 28, 1943. My parents were and still are a loving, caring couple. I grew up in a large 5 bedroom house in Newtonville, a suburb of Boston, Mass. My father was a college art professor and my mother was a housewife. In the summertime, during school vacation we would go to my grandparents home in Pocasset on Cape Cod.

My parents were pretty strict with my brother and I but never spanked or hit us. They believed in talking with us about a problem so that we would understand what we had done wrong and what our punishment would be. Discipline and punishment were a shared responsibility. They talked it over and decided together on the course of punishment, such as room restriction, no TV or no phone.

On a daily basis I was closest with my mother. She was always there to answer my questions and just talk. If I had a real problem or something bad happened I wanted my dad to be there. Fathers are supposed to be able to fix anything. I want to be like my parents in many ways - understanding, caring and able to talk about anything. As a parent I am fairly strict because one of the main jobs you do as a parent is teach responsibility.

During my school years from 9th grade through high school my favorite subjects were art, science, English and history. While in high school (Fairhaven High) I belonged to the art club, the theater club and was also a member of the junior volunteers at the local hospital. I was President of those volunteers.

During my teenage years I was a happy teenager. My family and friends were reasons to be very happy. It was during my last year in high school that I met my first husband, Dr. John Thomas Everett. We were married 1 year after graduation from high school. I helped him obtain 3 college degrees. During our marriage we moved several times due to his work. - Massachusetts 2 times, Florida 2 times, California once (2 locations), and Virginia 3 times. We had three children - Susan, John Philip (who died of SIDS at 8 months of age) and John Edward Philip. That marriage lasted 18 years.

I met my present husband in 1983 at a party after sailing. I really don’t know what attracted me to him at first. He was very articulate, knowledgeable and friendly. He had a very straight forward, honest approach. He was older than I and was caring and easy to talk to. We decided to marry after going together for two years. We had a small wedding with family and friends in Newport, RI on December 28, 1985. We have taken the time to talk and listen to each other.

There will be no problem that we cannot solve. Our marriage is based on friendship, respect, mutual admiration and love. Since our honeymoon period our relationship has become stronger because we take time to listen to each other.My husband and I share many interests - children, boating and the water (we have a power boat), travel and our home and pets. I am also interested in the foster care program in Maryland, I am on the Anne Arundel County Foster Care Review Board. This was an appointment by the Governor of Maryland. The strengths I bring to our marriage are sensitivity, patience, understanding and love. The only area of disagreement that I can think of is that I am more private about my inner thoughts while my husband is more outgoing.In 1985 I went back to school (business school). I never had the chance to go to college before that time. I graduated with a 3.9 average. I then became the Catering and Banquet Secretary at the Holiday Inn in Annapolis. In the past I’ve taken and completed courses in C.P.R., basic first aid, and passed the test to become an Emergency Medical Technician (E.M.T.) at a time when woman were not generally hired in that field.

There have been many strong influences in my life. The main ones being my parents and famly, religion and my husband Lloyd. My greatest personal achievement was going back to school at age 42 and doing so well academically. My greatest disappointments were the breakup of my first marriage...and of course the death of my first son was my biggest disappointment - his life was so very short.

I personally face all difficulties head on, talking, caring and looking ahead to a tomorrow that will be a little brighter for everyone. I have learned that I can face just about anything and I have a wonderful husband to share life with. My current goals are to better myself daily, help others and grow in my marriage.My life has had its up and downs but I wouldn’t change a moment of it. It has made me a more secure and understanding person.


Shortly after writing her autobiography in 1987 my mother and Lloyd moved to their house in Forestdale, just off of Route 130.

Christopher G. Parker was not merely negligent your honor, he knowingly got behind the wheel of a car leased to his wife. It is my understanding that he was uninsured to drive that car since his license had been revoked due to his being found a danger to the public. His actions prove that he has no regard or respect for the laws of this Commonwealth. When he got behind the wheel on March 5, 2007 he not only killed my Mother Diane Louise Kelsey Everett Carhart, but he irrrevokably changed the lives of Diane's many family members and friends. Not to mention the impact his actions have on his own family.

I sincerely thank you for giving my brother and me this opportunity to let you get to know our Mother and also for us to express a few of our thoughts and feelings in regards to her being taken from us suddenly due to the actions of Christopher G Parker.

Thank you.

Parker pleads guilty to vehicular homicide - Cape Cod Times 7/26/07

This article appears in the Thursday edition of the Cape Cod Times. It has a bit more info and a different picture then the article I posted last evening.

Christopher Parker stands in Barnstable District Court yesterday as he receives his sentence for motor vehicle homicide.

-Cape Cod Times /Paul Blackmore

By Stephanie Vosk
STAFF WRITER
July 26, 2007

BARNSTABLE — The morning of March 5 was a typical one for Diane Carhart.
After hanging up the phone with her daughter, she was off to get her vanilla-frosted doughnut with sprinkles and an iced coffee.

The 63-year-old Forestdale grandmother was on Route 130 waiting to turn left into the Dunkin' Donuts parking lot at the Tradewinds Plaza in Sandwich when a Honda Accord slammed her Chevy Tracker from behind. Carhart's vehicle careened into the path of an on-coming NStar truck.

Carhart died shortly after.

Yesterday, Christopher G. Parker, 50, of Forestdale, the driver of the Honda, pleaded guilty to vehicular homicide and was sentenced to two and a half years in the Barnstable County Correctional Facility, the maximum allowed. Parker's inattention as he bent down to adjust a portable radio caused the crash, according to police.

The last six months of his sentence will be suspended, and he will be on probation following his release from jail. He will also serve a 10-day concurrent sentence for driving with a suspended license at the time of the accident.

"I don't think the sentence fit the crime, but he got what the state laws were," said Carhart's daughter, Susan Linhares of Mattapoisett following yesterday's proceeding in Barnstable District Court.

"I would like to see him serve all two and half years, but I'm glad that this is over and my family can move on," Linhares said.

Reading from victim impact statements composed by herself and her brother, John Everett of Williams, Ariz., she told the court that her mother had been her best friend — standing by her through many difficult times, including a recent battle with a brain tumor.

"I need my mother, I'm scared of life without her," she read.

Francine Abbott, who was driving the NStar truck and received an ankle injury in the crash, also read a statement.

"Because of you, my life and my family's life has been altered. Since that day, I've lived in pain and fear," she said. Abbott sobbed quietly as attorneys went over the details of the accident, and embraced Carhart's daughter after the sentence was read.

Parker apologized for the pain he caused Carhart's family. "If I could change anything it would be that day," said. Parker, who is already serving time on an unrelated matter. "I know my incarceration's going to be nothing compared to the loss of a human life."

Parker has a lengthy driving infraction record, which includes four drunken driving convictions, dating back to 1982. He also has a case pending in Falmouth District Court on a charge of operating a motor vehicle while under the influence of drugs in October in Bourne.

He is due back in court for this charge tomorrow.
Stephanie Vosk can be reached at svosk@capecodonline.com.

Parker pleads guilty to motor vehicle homicide

I still have to make a few more phone calls to family and friends so I will post more about Parker pleading guilty in an hour or so. In the meantime I noticed that the Cape Cod Times has a brief article on their website with a picture of Parker in court today. If more is printed tomorrow I will update this post.


Christopher Parker, 50, receives his sentence today in Barnstable District Court.
Photo by Paul Blackmore/Cape Cod Times

By Stephanie Vosk Cape Cod Times
July 25, 2007

Christopher Parker was sentenced to two and a half years in the Barnstable County Correctional Facility after pleading guilty to motor vehicle homicide today in Barnstable District Court.
The last six months of his sentence will be suspended, and he will submit to two years of probation upon his release.

Parker was charged in the March 5 death of Diane Carhart, 63, of Forestdale.
He will also serve 10 days in prison, concurrently, for driving with a suspended license at the time of the accident.

Parker was traveling southbound down Route 130 in Sandwich when his Honda Accord slammed into the back of Carhart’s Chevy Tracker, sending her careening into an oncoming NStar truck. She was taken to the Forestdale School to await flight to Boston when it was determined she had died.

Parker’s inattention as he bent down to adjust a portable radio caused the crash, police determined.

Carhart’s daughter, Susan Linhares of Mattapoisett, read impact statements from herself and her brother, John Everett of Williams, Ariz., in court yesterday.

Francine Abbott, who was driving the NStar truck, also read a statement.

“Because of you, my life and my family’s life has been altered. Since that day, I’ve lived in pain and fear,” Abbott read to Parker. “What should have been a typical work day for me turned into a nightmare.”

Parker has a lengthy driving infraction record, which includes four drunken driving convictions, dating back to 1982. He also has a case pending in Falmouth District Court on a charge of operating a motor vehicle while under the influence of drugs in October in Bourne.

Read more on this story in tomorrow’s Cape Cod Times.

Parker Pleads Guilty!!!

I just returned from the Barnstable District Courthouse on the Cape and need to make a few phone calls but since a number of people are checking the site today for news I thought I'd at least let you know that the criminal case against Christopher G. Parker is finished.

I will be back in an hour or so to post the full story and copies of our victim impact statements.

Parker is in jail where he can't hurt anyone for at least two years!

Is Today the Day???

I feel almost like a little kid waiting for Santa on Christmas Eve or trying to sleep the day before a birthday, the anticipation that I have had for today to come has been great.

Could today be the day that Parker accepts guilt for killing my Mom, Diane? Will I finally be able to read the impact statements that my brother and I have written? Will Francine Abbott be there with a victim impact statement? How will Parker act while we are reading the statements? Will he show any remorse at all or just stare ahead blankly like he has done in his other court appearences? Will the Judge sentence him to the full sentence? Basically, what will happen?

I've had my clothes picked out and ironed for days, wanting to look respectable in front of the Judge. I have been surprized at what some of the people who appear before the Judges (either defendant or plaintiff) wear, anything from dirty jeans and stained, ripped tee-shirts to short mini skirts with half tank tops.

Well I guess I'll go shower and get ready. I want to leave an extra hour early incase of Cape Cod traffic or road work.

Possible Disposition Tomorrow on Charges Against Parker in Diane Carhart's Death

As the title of this entry suggests, tomorrow there is a good chance that Christopher G. Parker will be pleading guilty to charges of Vehicular Homicide and Driving With A Revoked License in connection with Diane's death on March 5, 2007.

He is due in Barnstable District Court tomorrow, July 25, 2007 at 2:00pm 3195 Main St. Barnstable, MA. Since Parker is still in custody he will be brought to the courthouse by the Sheriff and should appear in the courthouse in handcuffs.

If Parker does plead guilty I will be able to read the Victim Impact Statements that my brother Johnny and I have written. The statements are to be addressed to the Judge and not to Parker, he will be able to hear me read them. I have been waiting for a chance to let Parker know what his irresponsible, selfish acts have done to our family.

I will post what happens at court tomorrow as soon as I get home. Well, actually I have to call my brother and other family members first...but I can type while I talk! Please send prayers and thoughts that Parker will receive the maximum penalty allowed (only 2.5 years!) so that he won't be able to harm anyone else for at least a little while.

Parker's October DUI Charges Postponed Again

On Wednesday, July 18 at 9:00am I was once again at the Falmouth District Courthouse in Falmouth, MA in order to hear what would transpire with the DUI charges that Christopher G. Parker is facing when he was arrested last October in Bourne.

A different Judge was now presiding on the case due to the health of the original Judge. Judge Nagler is now assigned to the case. When "Commonwealth vs. Christopher G. Parker" was called A.D.A. Ilene Connors as well as Parker's Attorney Arnold Lett requested a side bar with the judge. The three of them spoke for several minutes and then a Disposition date of July 27, 2007 at 9:00am was announced. It is hoped that Parker will either plead or be found guilty of the DUI charge on that date.

June 28th Pre-Trial Hearing in Falmouth

Today, at the Falmouth District Courthouse, Christopher G. Parker was to appear for a Pre-Trial Hearing. Since he is still in custody at the Barnstable County Correctional Facility I'm not sure if he actually was brought to the Courthouse by the Sheriff as he didn't appear in the courtroom.

I met up with George Brennan from the Cape Cod Times after checking in with the Victim/Witness Advocate's office and we proceeded into the first session courtroom. Once again I was surprised at how small the courtrooms in Falmouth are. The first session room was about twice the size of the second session room which I have previously mentioned - still very small, with all seats taken.

We listened to the arraignments and probation matters and eventually Denise from the Victim/Witness office came to let me know that the case has been continued yet again, this time to July 18, 2007 at 9:ooam.

I'm getting the idea that Parker's two attorneys (Arnold Lett for the DWI in Oct. 2006 and Woodrow Brown for the Vehicular Homicide and Driving With a Revoked License in regards to Diane's death) are not too sure which case they would like to go to trial or disposition first. Would it be worse for Parker if he was convicted of his fifth or sixth DWI before going up on the charges resulting from Diane's death or would it be worse if he had a charge of Vehicular Homicide and driving on a revoked license before going up on the DWI?

To me it seems that it wouldn't make much difference, either way these are serious charges. Additionaly it is my hope that the two cases will be tried seperately with the punishments being served consecutively and not concurrantly. I'm getting the feeling that the delay tactics that Parker's Attorneys have been using are because they want the possible sentences in each case to be as lenient as possible and that they be served concurrantly.

While the job of the defense attorney is to make sure that the defendant's rights are upheld it seems that they take that even further in a type of game in which they are the winner if they can get as little as possible or no jail time for their clients. They hit the jackpot if they can get the case dismissed. I have more that I'd like to say but will save it for a later topic. As an eye opener try searching the internet for the terms DWI, DUI, OUI, or drunk driving. You will find a mulitude of defense lawyers and their websites which tell you how they can help you either get the charges dismissed, what to do when you are pulled over and the police suspect that you are under the influence of alchohol or drugs, and in the event that you are found guilty they state that they will get you the least possible sentence. In my personal opinion these lawyers are as much to blame as the defendants themselves for the repeat offenders that are epidemic on our roadways.

Parker Being held on $10,000 Bail

Today is the last day of Christopher G. Parker's sixty day sentence for violating his bail by being charged with Vehicular Homicide and Driving on a Revoked License. Boy, sixty days went by quickly!

Parker won't be getting out of jail however until he posts a $10,000 cash bail. If he is able to make bail I will be notifed by Kathleen Finnegan at the Barnstable County District Court's Victim Witness office.

Plea hearing put off for driver accused in fatal March crash

The following article appears in the Cape Cod Times today (Thanks George!). I didn't have much time this morning to post it here because I had to be at Brigham & Women's Hospital fairly early this morning for my 3 month MRI to check for any tumors where I'd had the craniotomy last August, and then I had an appointment with my Neurosurgeon Dr. Black at 3:15pm. After the MRI I walked around Boston a bit and then ate lunch. I got to Dr Black's office at B&W around 1:30pm. I knew I was about two hours early but I had no where else I wanted to go at that point. Thankfully I had brought a good book and my Ipod which I had a couple of movies stored on. After I finished my book I sat in the waiting room and watched Pirate of the Caribbean on the Ipod. The women sitting on either side of me thought that was great and I set the Ipod where they could also see it...they just didn't have sound since I was using my earphones. They seemed to enjoy watching it anyway since Dr Black was about 2.5 hours behind schedule.

While I was waiting I noticed a woman reading the Cape Cod Times. When she had finished with it and put it on the table I asked if it was her paper. She said no it was there when she had come in so I picked up the first section and found the article below. I finally was taken to an exam room at 5:15pm where I sat and watched the rest of the movie while waiting for Dr Black to come in to see me. He is such a great guy and he is so nice that you just don't mind the wait.

I had brought the paper in the exam room with me and since Dr Black knew my Mom (she had gone to all my previous appointments with me) I showed the paper to him. He said for me to keep it so I will add that to my collection of other articles. It's so strange for there to be a Cape Cod Times there, I've never seen any newspapers in the waiting room on any of my other visits...and this is the paper that I was wishing I could find but hadn't had time this morning.

Anyway, that is probably too much info , but I just wanted to explain why it was taking me so long to post this here today. The bumper to bumper traffic all the way home from Boston didn't help much either.

Plea hearing put off for driver accused in fatal March crash

By George Brennan STAFF WRITER
June 22, 2007
BARNSTABLE — Christopher Parker, 50, the man accused of causing a three-car crash that killed a Forestdale grandmother, was prepared to plead guilty yesterday, until his lawyer in an unrelated case advised against it.

After the brief court hearing, there was a touching moment outside Barnstable District Court where Susan Linhares and Francine Abbott met for the first time and embraced.

Linhares is the daughter of Diane Carhart, 63, who was killed in the Route 130 crash. Abbott, 48, the forgotten victim of the March 5 crash, was the driver of an NStar pickup that smashed into the side of Carhart's Chevrolet Tracker when it was pushed into her lane by Parker's car.
"I told her I don't hold any animosity whatsoever," Linhares said.

Abbott, who still walks with the aid of a cane because of an ankle injury suffered in the crash, wiped away tears after the brief exchange. "I'm so glad she stopped," Abbott said. "I've wanted to call her, but lawyers don't want you to talk."

Parker was expected to plead guilty to vehicular homicide, which carries a maximum sentence of 2½ years in jail.

Parker is charged with driving under the influence of drugs in an unrelated Bourne case. That is scheduled for disposition next Thursday in Falmouth District Court and is the reason his plea agreement was put off until 2 p.m. July 10 in Barnstable District Court.

If he's convicted in the Bourne case, it would be Parker's fifth conviction for operating under the influence. At the time of the Sandwich crash, his license had been revoked because he was considered an "immediate threat".

Parker remains in custody. In April, a judge revoked his bail in the Bourne case because of the Sandwich charge. He was given a 60-day sentence, which expires next week.

Once that's up, Parker would have to post $10,000 cash bail or $1,000 surety to be released from the Barnstable County Correctional Facility.
George Brennan can be reached at gbrennan@capecodonline.com.

No Guilty Plea today :-(

Well there you have it, Parker didn't take responsibility for his actions and plead guilty to charges of vehicular homicide and driving on a revoked license.

Since it was Thursday, a day when the weekend travel to the Cape begins I left early, giving myself two hours to make the normally forty-five minutes drive from Mattapoisett to Barnstable. I brought a book along with me because I thought I'd be getting there early...I was wrong. It started off with thick extremely slow traffic on Route 25 due to an accident just before the Bourne Bridge. I was finally able to slip around the traffic and take the exit where I could get to the Sagamore Bridge and onto Cape Cod. Everything was going smoothly up until I had just passed exit 4. Then the two lanes of traffic all but stopped. I had used up a good deal of my time already back in the traffic at the Bourne Bridge . I normally take exit 6 on the Mid-Cape Highway and now I had to inch along for a few miles until I could get off at exit 5 to try to get around the gridlock. As I took the exit and turned left I was hoping that this road would connect with route 6A, which I could then take into Barnstable. After about a mile I said "Hooray!" for right in front of me was the intersection with 6A. It was 2:00 by now, when I was due at the courthouse. Of course my "Murphy's Law" luck continued when an elderly woman pulled out in front of me and proceeded down the road at 20 MPH, braking at even the slightest curve in the road and every time a car passed going the other direction.

Finally I made it to the Barnstable District Courthouse and hurried in. I was fifteen minutes late and I was afraid that I might miss it. Thankfully they hadn't started yet and I met George Brennan and the Sandwich Police Chief right in front of the first session courtroom doors. Shortly after that Kathleen Finnegan our Victim/Witness advocate and A.D.A. Brian Shea walked up. I talked with Kathleen and Brian briefly and then we entered the courtroom. Being told I can sit anywhere that I would be comfortable I chose the front row. Kathleen came to sit with me and I showed her the Victim Impact Statements that Johnny and I had written. As she was reading the Judge came in and they brought the prisoners in. She handed the papers to me so that we could listen to what was going to happen. The clerk called "Commonwealth vs. Christopher G. Parker" and Parker stood up. He was wearing prison issue blue pants and blue shirt. His hands were cuffed in front of him. His hair had grown back a small amount and was in a crew cut style.

Unfortunately Parker did not plead guilty and so they scheduled the date of July 10, 2007 at 2:oopm for his next appearance in court. While I was a little disappointed I did realize that there was the chance for at least one continuance. Hey, at least we had our Victim Impact Statements done. Thinking about what I've learned about Christopher G. Parker it doesn't surprise me that he would not accept his guilt. I'm trying to be informative here and not voice a personal vendetta so I won't elaborate on that thought.

On the way out of the courthouse I noticed a woman with her right leg in a cast and walking with a cane. Since I had been informed that Francine Abbott, the driver of the NStar truck, also wanted to give an impact statement, and knowing that she had suffered some sort of injury to at least one of her legs during the crash I took a chance and approached her as she sat outside in the sun after the hearing. I asked if she was Francine Abbott and she said yes. I introduced myself and we hugged. She told me that her right ankle was "blown out", severly broken, during the crash and she has had a couple of surgeries on it already. After a few moments talking with her I left to walk to my car, being glad that I'd had the chance to meet Francine. I know my mother would have like that.

So another court date is done and next up is Parker appearing in Falmouth District Court on the October DWI charges Thursday June 28, 2007 at 9am. I'll be there and will have an update as to what happens there. I'm sure it is too much to hope for that Parker would plead guilty to that charge either, but I guess I can always hope......

Tomorrows Pre-Trial Hearing & Impact Statements

Tomorrow, June 21, 2007 at 2pm Christopher G Parker is due in the Barnstable District Courthouse for a pre-trial hearing. On the chance that Parker does the right thing and pleads guilty to vehicular Homicide and driving on a revoked license my brother Johnny and I have decided to put together victim impact statements that will be read before the court after he pleads guilty but before the judge passes the sentence.

At first I was almost looking forward to having a chance to address the loss of my mother. I enjoy writing and felt that it would be very easy to put a few words together...my problem is that if I put everything that I feel and the effects Mom's death has had not only on myself but on her whole family I end up with what I consider much more then I think I'm allowed. How can you sum up what your mother means to you in a few short minutes? I did call the D.A.'s office today and found that I could include a bit of Mom's autobiography so that the Judge and everyone else in the courtroom knows a bit about who Diane was. I included a portion of her autobiography in the eulogy that I gave during her funeral. You can read it yourself HERE.

Since the hearing is a 2pm in Barnstable it won't be until several hours later that I will be able to post regarding what happens. If we are given the chance tomorrow to read the victim impact statements I will also include them here. Otherwise I won't post them until after we have a chance to read them in front of the court.

The information below is from Mothers Against Drunk Driving's website - http://madd.com/victims/7068. I think it gives a good summary as to what the Victim Impact Statement is.....

A VIS is an open letter to the judge from the victim or their loved one describing the physical, financial and emotional loss caused by a drunk driving crash. It is also the only opportunity victims have to address the judge and to tell him or her the impact the crime has had on their lives.

But the two most important aspects of a VIS are that they allow victims to be heard and to take part in the criminal justice system. All too often, victims feel isolated and powerless. By being allowed to write a VIS, and in some states read it aloud in court, the victim becomes part of the process. In doing so, the victims' emotions are validated. In short, a VIS empowers victims.

All states allow the presentation of a written impact statement to the judge or to the court. And most victims find that just the act of writing a VIS is therapeutic.

While it takes immense courage and fortitude to put one's feelings on paper, writing a VIS is effective in providing victims focus and perspective on the impact the crime has had in their lives and on their grief. That clarity helps victims embrace their pain by seeing in black and white that their feelings of sorrow and anguish are appropriate and understandable.

Victims should, however, be patient in writing their statement because it can take several attempts to get the words just right. But a VIS is not about writing the perfect essay, it is about writing from the heart.

Another level of healing for victims is the opportunity to verbally express feelings of pain and loss. Many victims who are allowed to read their VIS in the courtroom feel it's cleansing and cathartic because they are able to speak out about the devastation they've experienced.
It also helps victims to give further meaning to their loved one's life because their words are potentially influencing how the offender will be punished. And regardless of the sentence, victims know that they did all that they could do to see that justice was served.

Despite the fact that victims are not allowed to directly address the offender, reading their statement in court helps to guarantee that the offender will have the opportunity to hear the tragic consequences of his or her actions. For victims, this helps take back some of the control the offender unjustly and abruptly took.

A Good Victim Impact Statement:

• Can be read in three to five minutes.
• Does not repeat evidence already presented.
• Focuses on what the crime means to the victim emotionally, physically and/or financially.
• Is simple and descriptive
• Communicates how the victim's life is different due to the crash.

Moment of impact: Lessons learned too late for many drunken drivers

This past week we have been moving all of Diane and Llyod's belongings out of their home so that it can be put up for sale. One of the days we were in Forestdale Brian Fraga, reporter for the New Bedford Standard Times, came out to talk with us. I had spoken to Brian previously in regards to Diane's death and he was now doing a larger article on repeat DWI offenders. The article appeared today in the Sunday edition and while I haven't seen the paper yet today I was told it is most of the front page of the paper and continues on page four, taking up the whole of that page also. I did find the article on the standard times website www.s-t.com.

Moment of impact: Lessons learned too late for many drunken drivers

By Brian Fraga -Standard-Times staff writer
June 10, 2007 6:00 AM

Diane Kelsey Carhart, a New Bedford native who lived most of her life in Mattapoisett, was driving on Route 130 near her Forestdale home the morning of March 5.

Driving carefully in her Chevrolet Tracker, Ms. Carhart stopped to make a left turn into a shopping plaza. Ten minutes earlier, she had spoken to her daughter, Susan Linhares, who said her mother was probably getting a cup of coffee at the time.

Ms. Carhart did not see him, but coming up behind her was Christopher Parker, a Sandwich man with four previous convictions for impaired driving. He was driving with a revoked license and speeding down Route 130, police said. It is not known whether he was driving impaired, because a blood alcohol content test was never conducted.

Mr. Parker hit Ms. Carhart's car from behind, and sent her into the path of an oncoming NStar truck, which crashed into her at more than 50 miles per hour. Ms. Carhart, 63, a grandmother, was killed instantly. Mr. Parker is charged with vehicular homicide due to negligence and driving with a revoked license.

Ms. Carhart's death illustrates the reality that repeat drunken driving offenders are still on the road almost two years after the passage of Melanie's Law.

"These repeat offenders have no respect for the law," said Ms. Linhares, who lives in Mattapoisett.

Ms. Linhares and her brother, John Everett, packed up their late mother's home last week. They moved boxes containing decades of memories into a 28-foot trailer. On Saturday, they interred the ashes of their mother and her husband, Lloyd Carhart, who died in December after a long illness, at Riverside Cemetery in Fairhaven.

"I had just talked to my mom 10 minutes before she died," Ms. Linhares said. "She was just coming out of the funk from losing her husband. She was getting ready to fix up the house, and then this."

Ms. Linhares was visibly frustrated that a man with Mr. Parker's record could still get behind the wheel of a car and endanger lives.

"Two times is bad enough, but three, four, five times?" she said. "Especially those caught on an additional offense, and they're still driving on a revoked or suspended license? Nothing is going to stop these people. It's an addiction."

The passage of Melanie's Law in 2005 raised hopes that imposing mandatory minimum sentences for repeat offenders, revoking their licenses and requiring they use ignition interlock devices would keep them off the roads.

But police continue to arrest motorists with prior offenses who still drive under the influence of alcohol or drugs.

Sheila Martines Pina, the former president of the Southeastern Massachusetts Convention and Visitors Bureau, was arrested May 29 on her fifth drunken driving charge. Mrs. Pina, who is now in jail awaiting trial, already had two pending cases for drunk driving and a suspended license when she was arrested.

That behavior is not unique among alcoholics or addicts.

Richard Arnold, 56, a Swansea man who is serving a 150-day sentence at the Dartmouth House of Corrections for his third impaired driving conviction, said he drove numerous times drunk and never got caught by police. He figured he could get away with it most of the time.

"You think you can get away with it. That's the illness of alcoholism," he said. "It's a game you play, but you will get caught eventually."

Law enforcement authorities and Mothers Against Drunk Driving say tactics such as sobriety checkpoints, ignition interlocks, revoking licenses and seizing vehicles help. But some offenders often find ways around the law, such as borrowing a car from someone who does not have an ignition interlock, or they just ignore the law and drive on a revoked license.

The state "can take away licenses, but even then, they're gonna drive if they want," said Walter Duquette, 62, a Taunton man serving a 150-day sentence for his third drunken driving offense.

State lawmakers sought to toughen Massachusetts' operating-under-the-influence statutes by passing Melanie's Law in 2005. The law, named for a 13-year-old girl killed by a repeat drunken driver, set longer mandatory minimum sentences for repeat offenders, allowed prosecutors to use certified court records to prove prior drunk driving incidents and mandated repeat offenders eligible for a license reinstatement to have ignition interlock devices in their cars.

But Melanie's Law does not punish repeat offenders the way a murder conviction can. And physically preventing someone with a tendency to drink and drive is another matter.

About one-third of all drivers arrested or convicted of operating under the influence of alcohol are repeat offenders, according to MADD. Fatally injured drivers with a blood alcohol content above the legal .08 limit are nine times as likely to have a prior drunken driving conviction.
Repeat offenders "pose a very serious threat to everyone's public safety on the highways," said David DeIuliis, a Massachusetts MADD spokesman.

"These are people with problems with alcohol. They continue to go out and make this very bad decision," Mr. DeIuliis said. "It's something I think all the provisions of Melanie's Law are targeted at, but it's still too early determine what the law's impact has been."

Under Massachusetts state law, a first-time offender receives a one-year probation and undergoes a driver alcohol education program.

A second offense results in a 12-day confined alcohol treatment program, two-year probation and license suspension for two years. An interlock device must be installed as a condition of any license reinstatement.

After a third offense, a defendant faces a 150-day mandatory jail sentence, a fine up to $25,000 and a suspended license for eight years. A district attorney may also seize, keep or sell the offender's vehicle.

Those who are arrested for a fourth or fifth offense face respective mandatory minimum jail sentences of one and two years, and can be sentenced up to five years in state prison.

A motorist's license is revoked for life with no possibility of a hardship license after a fifth offense.

Bristol County District Attorney C. Samuel Sutter said his office is committed to enforcing the minimum sentences for repeat offenders. He said prosecutors consider longer sentences when there are "aggravating circumstances," such as speeding, reckless driving and serious injuries.

"In those cases, such as an accident that is particularly troubling with respect to the defendant's behavior, we may well ask for something more than the mandatory minimum," Mr. Sutter said.

However, Ms. Linhares is not satisfied with that approach. She wants prosecutors to aggressively seek longer sentences as often as possible. "A good start would be to enforce the laws that we have," she said. "I think there's a lackadaisical attitude among prosecutors. It seems they don't want to do the extra work involved."

Law enforcement officials point to additional measures besides prison sentences to keep drunk drivers off the road, such as sobriety checkpoints. New Bedford Police Chief Ronald Teachman said local police will be conducting a roadside checkpoint with state police troopers in the near future.

Chief Teachman said police will monitor the impact that ignition interlock devices have on deterring repeat offenders. He also suggested the state's current criminal records law could be amended to allow for public notification of repeat drunken driving offenders.

"We should also consider the vehicle impoundment when there is a violation subsequent to the ignition interlock device requirement," he said.

In addition to license suspensions, jail sentences and restitution, MADD recommends repeat offenders be assessed and receive treatment at a licensed substance abuse treatment agency. MADD also suggests they meet with a case officer during probation and attend a victim impact panel.

"You're not going to keep them in jail forever," Mr. DeIuliis said. "When they get out, if you haven't done anything to address their problem, they're going to continue their past behaviors."
Ms. Linhares said that many repeat offenders have an "illness," but said she is perturbed that many of them do not spend enough time behind bars.

"I think what they did with (Melanie's Law) was wonderful, but we need to pick up where they left off," she said Wednesday while moving another box of her mother's belongings to her car.

Ms. Linhares has spoken with state lawmakers to lobby them to pass even tougher penalties than Melanie's Law. She also set up a Web site, JusticeForDiane.com, to highlight the problem of repeat offenders in the hope that people like Christopher Parker are never allowed on the road again.

"This is something I was never aware of before because nobody in my family drinks," she said. "And then this happened. ... It's just appalling."

Contact Brian Fraga at bfraga@s-t.com

Internment at Riverside Cemetary, Fairhaven, MA

Today we buried the ashes of both Diane and her husband Lloyd Carhart. Lloyd had died no too long before Diane passed and she haden't been able to get Lloyd's children to settle on a time when they could get together to bury Lloyd's ashes. Not too long before Christopher Parker took Diane from us she had told me that she felt badly that she hadn't buried Lloyd's ashes yet, but there must be a reason for that. Now we know the reason - It was so they could be buried together.

The weather report promised rain but thankfully we only had a couple of short bouts of passing drizzle. The rain held off while we were at the cemetary. Bette McClure, Minister at the First Congegational Church in Fairhaven met us at our family gravesite. She was very eloquent as she spoke of Diane and Lloyd and also led us in prayer. It was a shame that none of Llyod's four children were able to attend.......

After the service we went back to my Grandmother, Louise Kelsey's, house in Mattapoisett. We had about 25 people there and I enjoyed putting together the cookout that we had, it was just like years ago when we would have cookouts at Gramma & Grampa Kelsey's each summer. The weather even cleared up a bit and I think everyone had a nice time and left stuffed full of linguica, hot dogs, hamburgers and a variety of salads, fruit and potato chips.

Parker's Pre-Trial Hearing

On Monday, June 4th Christopher Parker was due back at the Barnstable District Courthouse for a pre-trial hearing on the charges he received in connection to Diane's death. I was not able to attend but my brother Johnny and my dad, Dr John Everett did go. I was told that Parker's defense attorney and Brian Shea the prosecuting District Attorney met and seem to be reaching an aggreement on Parker pleading out in exchange for a lessor sentence. Parker's next court appearence will be June 21, 2007 at 2PM where he is expected to act on that aggreement.

This is not acceptable to me! When the maximum sentence that Parker will receive is only 2.5 years how can you allow him to plead out to a lessor amount of jail time? Isn't Diane's life worth more then that? If you kill someone you should go to jail...period! No chance to get a lessor sentence, or time off for good behavior. It seems like these attorneys find it too difificult to do there jobs to the fullest extent and so they do the easy thing and jump at the first offer either side could come up with. There is much more I could say but I will wait a bit and see what transpires on June 21.

Happy Mother's Day Mom!

Well it is Mother's Day today and for the first time I am without my mother to celebrate it with. It seems as though we are made aware of it being Mother's Day everywhere you look; on the television, on the internet, in magazines and in the newspaper. It hit me while I was shopping one day last week how absolutely commercial Mother's Day has become. Yes, it is nice to give a gift for Mother's Day, or Father's Day...to celebrate your love for a parent, but can that not be done with a phone call, handmade gift or card? I guess I never noticed it before.

Mom, we miss you. I miss the daily phone calls. I miss you stopping by with a couple of donuts for me and Pumba when you would also drop off newspaper on your way to visit Gramma Kelsey. Last month I used that last bundle of papers from your visit the day before you left us...I shed a few tears as I untied the jute rope, knowing I'd never get papers tied in jute again. As I used some of those papers to line one of the dog crates I saw that you had done the crossword and word scramble in that paper. It is silly, but seeing those puzzles really got to me and I have saved the page.

I have so much to tell you! I hope you don't worry about Tissy and Cricket (dog and cat), they are with me and doing very well.

We are finally getting to fix our roof, and last week I even moved our pool to the back yard and made flower and vegetable Gardens where the pool had been. Of course hauling all those wheel-barrows full of sand and loam made the fibromyalgia in my back really flare up, but it was so nice to be outside without a coat and being able to work in the yard with the warmth of the sun.

Frank and I have added a few more birdfeeders to our "bird area" and we are now up to 17 feeders and a bird bath. We now have a red-bellied woodpecker that comes by several times a day and the hummingbirds are coming by, too many times to count. Last week we even had a wild turkey walking through the yard!

Frank is enjoying his new job, I know you would ask how he was doing. I don't see him as much as I'm used to, but at least he loves it and we don't ever have disagreements now since we are apart so much.

I was so scared when I heard you had gone, I didn't know what I was going to do. I know you would be worried about me and about Johnny and his boys. We are all doing well. We talk about you each and every day. So many times I've gone to the phone to call you only to get halfway through dialing to realize you aren't there.

I hope you would be proud of this site and not be mortified by all the attention. I've been fighting to get Parker behind bars for as long as possible and also to hopefully make the laws stronger so people like Parker don't have a chance to get behind the wheel and kill someone else. I will continue to be in the courtroom each time he appears. I will make a victim impact statement during his trial. We will never forget you. You were such a great friend to so many people and we all miss you so much. I hope you are with Lloyd, Grampa, and baby John. Actually, I especially hope you are with baby John. I was lucky enough to have you as a mother for over 4o years, but he only had you for 10 months...it is only fair that he be with you now.

So Happy Mother's Day Mom! This morning wasn't the same without you there for me to call early, so I could be the first one to wish it to you. We all miss you so much.

I love you!

Sue

Cape Cod man faces vehicular homicide charges - Boston Herald Article

Well it seems that Parker's $10,000 cash bail/$100,000 surety has been noticed by the Associated Press, and because of that Parker's arraignment yesterday is receiving new media attention. So far in a brief search I've found mention in the Cape Cod Times, the Boston Herald, and on WLNE channel 6's website. I'll continue to post the articles as I find more. Some of the stories are similar with only minor changes since the media uses the articles from the AP.

Cape Cod man faces vehicular homicide charges

By Associated Press Thursday, May 10, 2007
Updated: 06:27 AM EST

BARNSTABLE - A Cape Cod man who has been convicted of impaired driving four times pleaded not guilty to vehicular homicide on Wednesday.

Christopher Parker, 50, faces the charge in connection with a three-vehicle crash in March that resulted in the death of a Sandwich woman.

Parker was taken into custody on the homicide charge after a Falmouth District Court judge revoked his bail in an unrelated case in which he is charged with driving under the influence of drugs.

Parker pleaded not guilty at his arraignment in Barnstable District Court on Wednesday and was ordered held on $10,000 cash bail. He was also charged with driving with a revoked license.
Diane Carhart, 63, was killed March 5 when her vehicle was struck from behind on Route 130 by Parker’s car and pushed into the path of an oncoming NStar [NST] pickup truck, according to police. Parker suffered minor injuries.

"It’s been really hard leading up to Mother’s Day," Carhart’s daughter, Susan Linhares, told The Cape Cod Times. "Everywhere you turn, there are reminders and it’s very difficult."

Parker’s driving record includes four operating under the influence convictions.
© Copyright 2007 Associated Press. All rights reserved.

Driver pleads not guilty in fatal crash - Cape Cod Times Article

Driver pleads not guilty in fatal crash

By GEORGE BRENNAN STAFF WRITER
May 10, 2007

BARNSTABLE — Christopher Parker, who has been convicted of impaired driving four times, pleaded not guilty yesterday to vehicular homicide. He faces the charge in connection with a three-car crash that killed a Forestdale grandmother in March.

Parker, 50, was taken into custody on the homicide charge two weeks ago after a Falmouth District Court judge revoked his bail in an unrelated case. He is charged in that case with operating under the influence of drugs.

The law allows a judge to send a defendant to jail for up to 60 days if he is charged with another crime while out on bail. Parker is still being held at the Barnstable County Correctional Facility in Bourne on that bail revocation.

Barnstable District Court Judge W. James O'Neill yesterday imposed bail of $10,000 cash, $1,000 surety, Cape and Islands First Assistant District Attorney Michael Trudeau said. Prosecutors had requested Parker be held on $20,000 cash bail. Even if he can post that bail, he can't be released until his current 60-day sentence is served.

Diane Carhart, 63, was killed March 5 when her Chevrolet Tracker was struck from behind on Route 130 by Parker's car and pushed into the lane of an oncoming NStar pickup truck, according to police.

"It's been really hard leading up to Mother's Day," Susan Linhares, Carhart's daughter, said. "Everywhere you turn, there are reminders and it's very difficult."

Linhares and two of Carhart's brothers were in the court when Parker was arraigned.

Parker was also charged with driving while his license was revoked. Trudeau said the investigation is ongoing, but declined to say if he expects more charges against Parker.

Yesterday's arraignment has been a long time coming for Carhart's family. Parker was taken to Falmouth Hospital with minor injuries he suffered in the crash, so rather than being arrested he was issued a summons on the charges. The family then had to wait until a clerk magistrate issued a criminal complaint against Parker.

Parker has an extensive poor driving record that includes the four operating under the influence convictions. His license was revoked at the time of the Sandwich crash by the registry because police considered him an immediate danger to the public.

"We're thankful he's behind bars where he can't hurt anyone else," Linhares said. "I was talking to my uncle and we're hopeful he gets the treatment he needs."
George Brennan can be reached at gbrennan@capecodonline.com.

ABC Channel 6 Article - Cape Cod man faces vehicular homicide charges

Cape Cod man faces vehicular homicide charges

BARNSTABLE, Mass. (AP)
May 10, 2007 - 9:31AM

A Cape Cod man has been ordered held on $10,000 bail after pleading not guilty to a vehicular homicide charge in a crash that killed a Sandwich woman.

50-year-old Christopher Parker was also charged with driving with a revoked license. He's been convicted of impaired driving four times in the past.

63-year-old Diane Carhart died in the March 5th accident. Police said her vehicle was struck from behind on Route 130 by Parker's car and pushed into the path of an oncoming pick-up.

Parker was taken into custody after a Falmouth District Court judge revoked his bail in an unrelated case in which he was charged with driving under the influence of drugs.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

Parker's Arraignment in Barnstable District Court

As previously mentioned....today, May 9, 2007, was Christopher G. Parker's arraignment on charges of homicide by motor vehicle due to negligence and driving on a revoked license in connection with Diane's death.

As I got into my car this morning to drive to the Barnstable District Courthouse I wondered if Parker would look different after spending 10 days behind bars. I was surprised at the amount of fog on the roads at 8:00am since the weather was supposed to be clear with temps in the low 80s. As I crossed the Bourne Bridge onto Cape Cod the fog was so thick that I could not make out the top of the bridge. By the time I had driven the couple of miles along the Canal to Route 6 the sun was out in all it's glory and the Sagamore bridge sparkled in the sunlight.

I arrived at the courthouse by 8:55am and met up with my two of my Mother's brothers, my Uncles Philip and Bob Kelsey. As we waited for the first call to go into the courtroom we also briefly spoke to Cape Cod Times reporter George Brennan.

At about 9:05am they called everyone into the First Session Courtroom. This was a very big courtroom with a large judge's desk on a raised platform and an equally large clerk's desk set in front of and below the Judge's platform. Facing those large desks were two tables, the right table for the District Attorney's Office and the left table for the defendant's lawyers use. To the left of the Judge was a bench against the wall and a podium-type desk for the bailiffs. To the right of the room was an area for the jury. There were about 8 rows of bench-like seating for the public and people who have business with the court. These benches were set facing the judge and had a walkway up the middle.

We were in for a fairly long wait as they first call all the cases that were going to be heard that day to see if the parties involved were present and then they held a number of arraignments. We saw two men who were in custody be brought in and told to sit on the bench along the left wall. Each of these men, who were handcuffed, were arraigned and then led out of the courtroom. We were waiting for Parker to be brought in next. It was now about 10:45am and I was a bit surprised when I saw the Judge get up and walk out a door that was behind his desk! They hadn't brought Parker in yet, where was he going??

Luckily Kathleen Finnegan, the victim/witness advocate assigned to our family by the D.A.'s office came to sit with us at that time to inform us that the judge was taking a short break and would be back fairly soon. She had us move toward the front of the rows of bench seats so we could hear and see better.

While we waited for the court to resume A.D.A. Brian Shea, who is prosecuting Parker's case, came over to answer a few questions we had. Finally the Judge came back into the courtroom and the baliffs then led four men in handcuffs into the room and the men were told to sit on the bench along the wall on the left of the room. The first man led to the bench was Parker. He, as were most of the men in lock-up, was dressed in issued dark blue work-type pants and a dark blue buttoned down shirt. His hands were handcuffed in front of him. I was a bit surprised to see that Parker's head had been shaved sometime after he had been incarcerated 10 days ago. He had the shortest of crew-cuts. I'm not sure if this is something they do as part of the intake process at the Barnstable County Jail or exactly why his hair was almost all shaved off, but it looked like a severe military cut.

When the Clerk finally called "Commonwealth vs. Christopher Parker" we saw Parker stand up, looking at the ground. The clerk read the charges that Parker faced, homicide by motor vehicle due to negligence and driving on a revoked license, and then entered a plea of not guilty on Parker's behalf. The Judge also mentioned that Parker had requested a court-appointed attorney and it had been approved. Woodrow "Woody" Brown has been assigned as Parker's public defender.

At that point the Judge asked A.D.A. Shea if the Commonwealth was requesting bail. Shea stood up and began giving an overview of the case against Parker. He gave a brief rundown on Parker's prior charges and convictions, including the multiple DWI and Assault and Battery convictions. Shea then went through the events leading up to and directly after the crash that led to Diane's death. When he was done, in closing, he requested $20,000 bail for Parker.

Next it was Atty. Brown's chance to speak on behalf of Parker (who was still standing, looking at the ground with his arms hanging loosely in front of him due to his wrists being handcuffed). Brown started by saying Parker was a man in his 50s who resides at 20 Jody Lane, Forestdale, MA. He stated that Parker lives with his wife and son and works as a painter. It seems that Parker served in the U.S. Coast Guard during the Vietnam War, receiving an honorable discharge. Brown stated that Parker and his family could only afford $1,000 for bail.

After hearing the arguments from both sides the Judge set Parker's bail at $10,000 cash or $100,000 surety. Parker continued to look down although his face had been slowly turning red during the time he was standing. The Judge appointed Judge Lynch to the case for trial, then next picked the date of June 4, 2007 for a Pre-Trial Hearing, and Parker's business before the court was finished for the day. Bob, Philip and I followed Kathleen Finnegan out to the courthouse lobby where we met A.D.A. Shea. We were pleased with the large bail which will hopefully keep Parker behind bars. The date for the Pre-Trial Hearing, June 4, will allow my brother Johnny to be able to make an appearance since he will be in Massachusetts for a few weeks in June, coming from his home in Arizona.

It was nice that my Uncles were able to take the time off from work today so that they could come to the courthouse today. It was their first time seeing Parker in person.

As far as I know the Cape Cod Times will be running a story about Parker's arraignment in tomorrow's Paper. I will post the story with a link to their site as I have done in the past, as soon as I see the article.

Thanks so much for the caring and support that we have received, both through this blog, neighbors and friends of Diane, and friends of our family. It really means a lot to us all!
((((((((HUGS))))))))

Arraignment Tomorrow - Finally

Tomorrow, Wednesday, May 9, 2007 Christopher G. Parker will finally be arraigned on the charges he is receiving in connection with my Mom, Diane Carhart's death. The arraignment is being held at 9:00am in the first session courtroom at the Barnstable District Courthouse in Barnstable, MA.

Family members and neighbors of Diane will be attending. The arraignment is held in a public courtroom so we will be able to witness the proceedings. If anyone would like to go to support our family and Diane's memory we would love to have you. Directions and info can be found here - Barnstable District Courthouse. The First Session Courtroom will be on the left when you go through the security check. Speaking of the security check I have learned that they will no longer allow cellphones that have a camera in them into the courthouse. If they see it in your purse or pocket they will have you bring it out to your car...I learned the hard way when I had to bring my old cellphone back out to my car in the pouring rain. It doesn't work and I'd actually forgotten it was in my purse .

As far as I know Parker will be brought from the Barnstable County House of Correction by the County Sheriff's office. I am hoping he will be at least handcuffed when he is brought into the courtroom...and leg chains would be even better!

At the Arraignment we will hear how Parker pleads and also find out who he has hired as an Attorney to handle this case. During a previous court appearance when Parker was asked by a reporter about the case he referred all questions to his attorney but then declined to say who represents him, saying ''Go to the hearing and find out.''

A summary of the arraignment will be posted here as soon as I get back home tomorrow.

Are felony DWI offenders getting away with murder?

The article below is from Houston, TX, KHOU channel 11's website. The story sounds all to familiar, and is actually what my family and I have been saying from the moment that we learned about Christopher Parker's extensive DWI/OUI arrest record. I've also mentioned that it seemed as if Parker knew how to work the system. It seems that each and every day repeat offenders are picked up for driving while intoxicated. Unfortunately those offenders do not go to jail each and everyday, but are allowed out on bail or probation...with promises of doing a couple of hours of community service. While this story below is based in Texas I thought it was very appropriate for our site.


Are felony DWI offenders getting away with murder?
11:57 AM CDT on Sunday, April 29, 2007
By Dave Fehling / 11 News

In the past two years, police in Harris County charged over 1,900 drivers with felony DWI, but some say chronic offenders have learned to work the system and never pay the price.

For example, an allegedly very drunk driver was accused last month of killing a mother and daughter in a horrific smash-up on the Eastex Freeway.

Police said he’d already had three previous DWI convictions.

“They’re not following through on penalties,” said Ruth Tijerina, who lost her daughter in a drunk driving crash in 2004.

Texas has the three strikes DWI law: The third arrest means a felony charge. Felony as in prison, loss of voting rights and public humiliation.

But when 11 News asked the county to provide us with records showing what really happens, what we discovered was disturbing.

In the past two years in Harris County alone, 492 of the more than 1,900 felony DWI cases were reduced to misdeameanor charges.

“At some point, they need to be locked away,” said John Bradley, the Williamson County D.A. known for its tough stance on DWI.

So why aren’t they?

“Your chronic DWI offender, the person who has two or more prior arrests for DWI, has completely learned how to work the system,” said Bradley.