Another Vehicular Homicide Case in Barnstable County

The following article appears in today's Cape Cod Times. While it has nothing at all to do with my Mother's death, allegedly caused by Christopher G. Parker, it does go to show how lenient the sentences for vehicular homicide while under the influence are in Barnstable County. This man in the article below could have received up to 15 years in State prison, but instead was sentenced to 2½ years in the Barnstable County Correctional Facility, with 18 months to serve. I find this sentence an insult against the person who lost their life and the surviving family members!

How is it that human life is no more valuable then putting the guilty party behind bars for only 18 months? How is it that you can murder someone with an automobile and yet not get a sentence that is in line with other non-automobile related murders? As I see it after only 18 months the victim is still dead and yet the guilty party receives not too much more then a scolding by way of a brief 18 month sentence. What does this type of enforcement say about this State to our children or others who are new to Massachusetts?

It is my wish thatthe Massachusetts District Courts, as well as the District Attorney's offices do their job to the best of their ability, which includes following ALL leads even if they are given by the victim's family or the State Police, return calls by the victim's family promptly and additionally charge the defendant with all the charges that apply and are due, especially if there is death resulting. I'm sure other families who have lost loved ones to vehicular homicide or homicide by motor vehicle share my feelings that the guilty party seems to be much more important in our criminal court system then the person who has lost their life due to the selfishly negligent actions of the guilty man or woman. Innocent until proven guilty is a great concept, one that I wholeheartedly support. However once the defendant is found guilty the court system should sentence them to the full extent of the law. How else will the laws of the Commonwealth of Massachusetts be taken seriously and not be what is considered a joke that enables habitual offenders?

Man pleads guilty to vehicular homicide

By Hilary Russ Staff Writer Barnstable - Victims of a 2005 drunken driving accident in Bourne described in agonizing detail yesterday the horrible moments that still haunt their family when their unborn baby Holly was lost after the crash.

''This tragedy defines who I am today. I know it shouldn't, but it does,” the unborn baby's mother said in court. ''My hope is that people will learn from this, be scared by it and make different choices.”

Adrien Aube, 69, of Plymouth pleaded guilty yesterday in Barnstable Superior Court to motor vehicle homicide while operating under the influence of alcohol and negligent operation, a charge that carries a sentence of up to 15 years in state prison. He also pleaded guilty to operating under the influence of alcohol, causing serious injury.

On July 17, 2005, a five-vehicle crash on Route 25 in Bourne seriously injured a pregnant woman, whose unborn baby was subsequently lost.

Adrien Aube of Plymouth, whose drunken driving caused the crash, has pleaded guilty to motor vehicle homicide in the case.

After playing golf the day of the crash, Aube downed several mixed vodka drinks before heading onto Route 25, Assistant District Attorney Holly Harney said in court. His speeding black Ford Thunderbird careened across the median into oncoming traffic a mile west of the Bourne Bridge. He slammed head-on into the Toyota Camry driven by the pregnant woman and hit several other cars.

Harney said the unborn baby was ''viable” and was pronounced dead as a result of injuries sustained in the crash.

After reaching a plea deal, Aube was sentenced to 2½ years in the Barnstable County Correctional Facility, with 18 months to serve.

After release, he will be on probation for three years. His license is revoked for the rest of his life, and on his release from jail he must view a photo of the unborn baby and read the victim impact statements submitted to the court.

Aube, with white hair, a white moustache and glasses, bowed his head as he listened to statements read by the unborn baby's mother and father.

Blow by blow, the parents laid out a catalogue of agonies. They recounted the woman fading in and out of consciousness as firefighters unpinned her from under the dashboard. They spoke of several large blood clots in the woman's lungs and the removal of her spleen.

''You've introduced fear into our lives,” the unborn baby's father said. His wife said she remembers Holly's purple lips as the baby lay dead under a sheet. She said she has nightmares of babies turning into stone.

Hilary Russ can be reached at hruss@capecodonline.com.
(Published: March 30, 2007)

Glossary of Legal Terms

Glossary of Legal Terms For Massachusetts

Accessory:A person who assists another in the commission of a crime, either before or after the fact.
Adjudication: A declaration by a judge.

Administrator: A person appointed by the court to settle the estate of a dead person when there is no will, or when there is a will but the executor has died, resigned or been removed from office.
Affidavit: A written or printed statement under oath.

Affirmative defense: A defense in which the accused is required to produce the supporting evidence.
Amicus curiae: A “friend of the court”; usually an interested person or agency, not a party to an ongoing case, that wishes to make its position known. This is most often done in writing.
Amortization: The payment of a debt by installments.
Answer: A document filed in response to a complaint.
Appearance: The procedure by which an attorney acknowledges his representation of a party in a suit; also the submission of the defendant to the jurisdiction of the court.
Appellant: The party appealing a decision to a higher court.
Appellate court: The court having jurisdiction of appeal and review of law; not a trial court.
Appellee: The party against whom an appeal is taken.
Arraignment: The reading of a charge and the entering of a plea in response.

Assignment for the benefit of creditors: The turning over of the assets of a debtor to a creditor or trustee to help pay off his debts.
Attachment: A lien on a defendant’s property to satisfy a legal claim that the plaintiff hopes to prove.
Bail: An amount of money or security posted by a person against whom criminal charges are pending, to guarantee his appearance in court. The bail is determined by considerations such as the nature and circumstance of the charges, whether the person charged is a flight risk, and the
likelihood of their appearance. It is not a reflection of guilt or innocence.
Bail hearing: An appeal to a superior court judge for the reduction of bail set by a judge in a lower court.
Bankruptcy: A method of declaring insolvency when the debtor’s liabilities exceed his assets. It has the practical effect of wiping out past debts. A Chapter 11 bankruptcy permits the continued operation of a business, with the proceeds to go to a trustee for the creditors.
Battery: An un-consented touching.

Bench warrant: A warrant issued “from the bench” for the arrest of a person. It is frequently imposed when a witness or litigant fails to show up for an appearance.
Bill of particulars: A written statement by a prosecutor specifying the details, such as
time, place, manner and means of a crime he expects to prove against the defendant.
Brief: A written or printed argument prepared by counsel to support his case, usually
containing a statement of facts and a discussion of law.
Burden of proof: The duty of affirmatively proving disputed facts in a case.
Cause of action: The right a party has to institute a judicial action: a suit or litigation.
Certiorari: A special type of proceeding in which a court (usually the superior court) is asked by a concerned party to review the proceedings of a state or local administration, agency or board.
Circumstantial evidence: Evidence formed by a non-eyewitness.
Civil action: A non-criminal case.
Codicil: A supplement or addition to a will.
Comparative negligence: A doctrine applicable to those negligence cases in which both the plaintiff and the defendant are found to be negligent. If the “degree” of the plaintiff’s negligence is less than that of the defendant, the plaintiff is still entitled to prevail but any damages allowed
are reduced in proportion to the plaintiff’s negligence. -The legal process by which real estate of a private owner is taken for public use without his consent but upon the award and payment of just compensation.
Consecutive (on and after) sentence: One sentence to be served upon completion
of another sentence, as opposed to concurrent sentences.

Consent decree: An agreement of the parties made under the sanction of the court to be bound by certain stipulated facts.
Contempt of court: Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or to lessen its authority or dignity.
Contingent fee: A charge for services, agreed to in advance, based on the lawyer’s successful handling of the case. It is usually a set percentage of the amount won in a lawsuit.
Costs: Actual expenses connected with prosecuting or defending a suit, including filing fees, sheriff’s service, etc., but not including attorney’s fees.
Counterclaim: A claim filed by a defendant against a claimant in the same action.
De novo: Usually applied to trial de novo, a system that permits a defendant to elect a
second, totally new trial before a jury if the first trial was before a judge and the defendant
is dissatisfied with the judge’s decision.

Declaratory judgment: Declares the rights of the parties or the opinion of the court on a question of law.
Decree: Decision or order of the court in certain types of cases; a final decree fully and finally disposes of the litigation; an interlocutory decree is provisional. A final decree has the same effect as a judgment.
Default: In a criminal case, failure to appear upon order of the court. In a civil case, failure to file a pleading or appear within the time allowed.
Deposition: Sworn testimony taken prior to trial out of court and in the presence of a stenographer, usually for the purpose of “discovering” in advance what the witness
is going to say and also to preserve testimony. (See discovery)
Direct evidence: Proof of facts by witnesses who saw and heard what they are testifying
about, as distinguished from circumstantial evidence, which is called indirect evidence.
Directed verdict: An instruction by the trial judge ordering that judgment be entered without the jury considering the matter; used usually when one party has failed to produce enough evidence, considering the merits of the case.
Discovery: The term used to describe various methods for obtaining evidence in advance of trial, including such things as interrogatories, depositions and various motions to permit the inspection of documents, etc.
Dismissal without prejudice: Permits plaintiff to sue again on the same cause of action; dismissal “with prejudice” bars the action forever.
Double jeopardy: A doctrine that prohibits prosecution of a defendant in a criminal matter more than once for the same offense.
Eeminent domain: The power of a government or of certain agencies to take private property for public use, even against the will of the owner, and to pay compensation.
Escrow: The holding by a third person of something of value, e.g., money, deed to property, etc., until some agreed-upon contingency.
Estoppel: A doctrine that prevents any action by a person who has earlier made a
statement or taken a position inconsistent with his present posture. Example: One is estopped from denying a fact he earlier tried to prove.
Ex parte: A proceeding where only one side is heard.
Ex post facto: An act or fact occurring after some previous related act.
Exclusionary rule: A rule prohibiting the use in criminal prosecutions of illegally obtained evidence.
Executor: A person named by the decedent in a will to carry out the will’s provisions.
Extradition: The surrender by one state to another of an individual accused or convicted of an offense in the demanding state’s jurisdiction. In Massachusetts, extradition and rendition are interchangeable.
Felony: Any crime punishable by a year or more in state prison.
Fiduciary: A person who undertakes the duty to act primarily for another’s benefit, usually in financial areas. A fiduciary is bound by a high standard of good faith.
Garnishment: Proceeding whereby property, money or credits of a debtor in the possession of another are applied to the debts of the debtor, as in the garnishment of a person’s wages.
Grand jury: A jury that receives complaints and accusations in criminal cases, hears the evidence and issues indictments in cases where it feels a trial ought to take place. It meets in a secret proceeding not open to the public.
Guardian ad litem: A person appointed by the court to represent the rights of minors, the unborn and others under legal disability.
Habeas corpus: Literally, “you have the body.” An order of the court to bring a person before it; commonly used to test the legality of a prisoner’s detention.
Hearsay: An out-of-court statement offered for the truth of the matter as asserted.
Iimpeachment of witness: Throwing doubt on the credibility of a witness by testimony
showing prior inconsistency, contradiction or a conviction of a crime.
Implied contract: An agreement, not in writing, in which the conduct of the parties indicates their intention to be bound.
In camera: A judge’s chambers; in private.
Indemnify: To compensate another for loss or damage that has already occurred or to give security against future loss.
Indictment: The formal accusation made by a grand jury charging a person (named or unnamed) or corporation with a specific crime.
Interlocutory: Court orders that are provisional, temporary and not final.
Interrogatories: Written questions served on a party which must be answered under oath before trial; one of the methods of discovery.
Intervention: A method by which a person may make himself a party to an action in which he has some special interest.
Intestate: Dying without a will.
Jurisdiction: The authority of a court to hear a particular case and to render a judgment.
Leading question: One that suggests an answer to the witness.
Levy: The seizure of property by legal process.
Lien: A claim upon the property of another on account of a debt.
Lis pendens: Generally a notice filed in the registry of deeds to warn persons that title to certain property is in litigation.
Malfeasance: The performance of an act that a person ought not do. The term is usually applied in connection with public officers.
Mandamus: A court order directing a lower court, agency or official to perform its specific duty.
Manslaughter: Unlawful killing of another without malice during the commission of certain minor crimes or in the heat of passion or through willful, wanton or reckless misconduct. Massachusetts recognizes two kinds: voluntary and involuntary.

Misdemeanor: A criminal offense less than a felony, generally punishable by fine or imprisonment in a jail or a house of correction rather than a state prison.
Moot: Loosely, an issue that has been settled by some happening other than judicial
determination.
Motion: A request that a court act or rule in a certain way.
Negligence: The omission of an act that a reasonable person, guided by ordinary considerations, would do; or the commission of an act that a reasonable and prudent person would not do, which may result in injury, damage or loss to another person.
No bill: The report of a grand jury that has found insufficient evidence to support an indictment.
No-fault divorce: A divorce based on irretrievable marital breakdown and involving mutual consent of the parties.
nolle prosequi: Commonly, nol pros; a prosecutor’s decision not to prosecute a criminal case after charges have been brought.
Nolo contendere: Commonly, nolo; a plea indicating the defendant will not contest a criminal charge.
Non obstante verdicto: Notwithstanding the verdict; a judgment entered by a trial judge that is contrary to the jury verdict.
Nunc pro tunc: Literally, “now for then”; acts or entries of decrees or judgments made retroactive to an earlier date.
Opinion: The formal written decision rendered by a judge or court in a case; it contains
the legal principles and reasons upon which the decision was based.
Opinion evidence: What the witness thinks, believes or infers, as distinguished from personal knowledge; limited admissibility.

Ordinance: A rule having the force of law established by a city.
Per curiam: Literally, “through the court”; an opinion of an appellate court not attributable to any one judge.
Peremptory challenge: The right to reject a juror without assigning a cause.
Perjury: Stating under oath as true what is known to be false.
Personal recognizance: Bail consisting of a promise to appear in court when required.
Petition: A written request addressed to the court asking for some favor or relief.
Petit Jury: A trial jury, as opposed to a grand jury. Also called a petty jury.
Pleading: The process by which parties in an action raise and define in writing the issues to be resolved.
Power of attorney: Written authorization permitting one person to act for another.
Prejudicial error: A legal error that warrants an appellate court’s reversal of a lower court’s decision.
Preliminary hearing: A hearing held to determine whether a person charged with a crime should be held for trial.
Preponderance of evidence: Evidence supporting a proposition that outweighs evidence offered to contradict it; the standard of proof required in a civil case for the plaintiff to win.
Presentment: A notice by a grand jury, from its own knowledge or observation to the court, that a crime has been committed; similar to the indictment.
Pretrial motion: Any motion made in advance of trial.
Prima facie: Literally, “at first sight”; when applied to evidence, such evidence as is sufficient to establish a given fact or facts constituting the party’s claim or defense which, if not rebutted, will remain sufficient.
Probable cause: Reasonable belief. For example, probable cause is required for the issuance of a search warrant and the arrest of a person without a warrant.
Probate: The legal process of establishing the validity of a will and settling an estate.
Probation: Supervision by authorized court personnel over the activities of a person released after conviction of some criminal offense.
Pro se: Representing oneself without the assistance of legal counsel.
Quash: To vacate, annul or void any written order.
Reasonable doubt: The standard by which criminal cases are decided.
Receiver: A neutral person appointed by the court to manage the property or business of another, pending legal action.
Recuse: To disqualify oneself as a judge in a particular case.
Remand: A decision by an appellate court, sending a case back to the court from which it came for further proceedings.
Respondent: The party who answers an appeal. (See appellee)
Restraining order: A temporary court order directing a person to do, or not to do, a particular act pending further hearing. It is often used to order one person stay away from another.
Retainer: A fee paid by a client to an attorney in anticipation of legal work that the attorney will perform.
Search warrant: Written judicial authorization for a search of specified premises for specified articles.
Separate maintenance: A court-ordered allowance granted to one spouse for selfsupport
and child support while living apart for justifiable cause.
Sequestration of witnesses: Separating witnesses so they may not hear one another’s
testimony.
Specific performance: A legal remedy for forcing compliance under an agreement;
most commonly used to force the transfer of real property.
Statute of limitations: Time within which a criminal or civil action must be commenced.
Statutory law: The written law enacted by legislative bodies.
Stay: The postponement of judicial action by court order, usually temporary and usually
related to some other contemplated action.
Stipulation: A statement by the attorneys or the parties that certain matters have
already been agreed upon.
Subpoena: A court order compelling a witness to appear and give testimony.
Subpoena duces tecum: A court order compelling a witness to produce certain documents.
Summary judgment: A judgment decided by a judge without the necessity of a trial.
suppression hearing: A request filed by the defendant to prohibit the use of evidence gathered in violation of the defendant’s rights; this hearing is held outside the presence of the jury.
Suspended sentence: A sentence that need not be served if the defendant complies
with certain court-imposed conditions.
Testator: Maker of a will.
Title search: A thorough investigation of public records to ascertain ownership of property, or to discover any liens or encumbrances against a property or other defects in title to the land.
Tort: A civil injury or wrong.
True bill: The endorsement made by a grand jury upon a bill of indictment when it finds sufficient evidence to warrant a criminal charge.
Unlawful detainer: Retaining possession without the right to do so.
Unreasonable search and seizure: An action executed contrary to legal guidelines that tightly regulate the way in which a private citizen’s property may be searched and seized by the government.
Venire: The group of people who are summoned for jury duty.
Voir dire: Generally applied to the questioning of jurors during impaneling to test their
qualifications and determine possible bias; also, a hearing conducted during the trial by a judge out of the presence of the jury.
Waiver: The express or implied voluntary surrender of a right.
Writ: Any of numerous orders issuing from a court.

SOURCE: Massachusetts Bar Association
Lawyers Weekly is grateful to the MBA for the use of this informative resource.

http://www.lawyersweeklyusa.com/archives/pdf/ma/07/Media_Guide_2007_web1.pdf

Change of Falmouth District Court Date

Christopher G. Parker's court date of March 30, 2007 in Falmouth District Court, where he was to appear on charges of driving under the influence of drugs this past October, has been continued until April 27, 2007 at 9:00am at the request of his Attorney.

Magistrate Hearings

Several people have asked me what exactly a magistrate hearing is and what will happen afterward. I did a little research and this is what I found out:

When you are given a traffic citation you will notice a box for civil offenses and a box for criminal offenses.

If the box for civil (say for a speeding charge) is checked that means you have 20 days in which you can return the citation and request a magistrate hearing. At this magistrate hearing you will listen to the charge against you read and then the police officer will present the case against you to the clerk magistrate. You will either have the citation dismissed, receive a lesser charge/payment penalty, or be found guilty and responsible to pay the original penalty fee, usually with resulting insurance points added as well.

If the box for criminal (perhaps a vehicular homicide charge) is checked this means you have only 4 days in which to return the citation to the magistrate's office to request a hearing. At this magistrate hearing you will listen to the charges against you read aloud and then a bit of the case against you will be presented to show why you should be charged. The magistrate will either dismiss the charge/charges, continue the case (you will not be charged unless you are charged with another offense), or if probable cause is found a complaint will be issued by the court for you to appear before a judge for arraignment. If you receive a criminal citation and don't request a Clerk Magistrate's hearing a complaint will be automatically issued and you will receive a summons to appear before a judge for an arraignment.

The arraignment usually happens within the next 48 hours, depending on the case load of the particular court. At the arraignment the District Attorney or Assistant District Attorney may request bail or that you are not released on bail, depending on the charges against you and any prior convictions.

In certain circumstances, the District Attorney's office can proceed by way of a grand jury which can vote on indictments against you. If you are indicted you will move from the District Court level to the Superior Court where the potential for heavier penalties and longer incarcerations exists, in the State Penatentiary instead of the House of Correction.

It should be noted that in spite of the public records laws Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results are only known if the magistrate decides to file charges, and then only through court records. The Mass. State law presumes that magistrate's hearings are closed unless the public or newspapers can convince the court otherwise. The Cape Cod Times states: "While the public records law does require agencies to presume all documents are public and to prove why records should not be released, the trend is the opposite. Increasingly, the public and newspapers are being forced to prove why records are public. In some cases, it takes appeals to the secretary of state's office or, ultimately, taking the agency to court."

Sue

Ref.
- Mass. RMV Drivers Manuel
- Arlington, MA Police FAQ
- Criminal Process - masscriminal-lawyers.com
- Despite laws, government secrecy grows By George Brennan staff writer Cape Cod Times

Justice For Diane MySpace Page

At the request of a couple of friends I have set up a MySpace site to try to get the word out and bring even more traffic to this site. You will find a link in the side bar at left. If you or someone you know has a MySpace page feel free to add our new page to your friends list and also send the link to anyone who also has a MySpace page. A number of the elected officials that I have been in contact with also have MySpace pages and hopefully they will add our page to their friends too. I'm going to use the MySpace blog to list updates made to this site.

http://www.myspace.com/justicefordiane

Man accused in fatal crash to get hearing

Man accused in fatal crash to get hearing

CAPE COD TIMES SANDWICH - Christopher G. Parker, the man accused of causing a three-car crash March 5 that killed a Forestdale grandmother, will plead his case before a clerk magistrate.

Parker, 50, faces a clerk magistrate hearing April 4 at 2 p.m. to determine probable cause to charge him with vehicular homicide and other charges related to the crash, police said. The hearing will be held in Barnstable District Court.

Parker requested the clerk magistrate hearing, which is closed to the public. The magistrate will decide to advance the charges to district court or dismiss the charges.

Parker was issued a citation in the Route 130 crash for vehicular homicide and driving after his license was revoked. He has an extensive driving infraction record, including four convictions for driving under the influence of alcohol.

On Friday, Parker is due in Falmouth District Court for a pretrial hearing on a charge of operating under the influence of drugs in an unrelated driving incident. In October, state police arrested Parker in Bourne and charged him with operating under the influence of drugs.
(Published: March 24, 2007)

Statistics from M.A.D.D.

• Alcohol is closely linked with violence. About 40 percent of all crimes (violent and non-violent) are committed under the influence of alcohol. (Bureau of Justice Statistics, 1998)
• About three in every ten Americans will be involved in an alcohol-related crash at some time in their lives. (NHTSA, 2001)

- above from http://www.madd.org/stats/1789

• Fatally injured drivers with BAC levels of 0.08 g/dl or greater were 9 times as likely to have a prior conviction for driving while intoxicated compared to fatally injured sober drivers. (NHTSA, 2004).
• The risk of a driver who has one or more DWI convictions becoming involved in a fatal crash is about 1.4 times the risk of a driver with no DWI conviction. (NHTSA, 2000)
• About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. (Fell, 1995)

- above from http://www.madd.org/stats/4542

Higher-Risk Drivers: The Problem

Higher-Risk Driver: MADD defines the “higher-risk driver” as 1) Repeat offenders convicted (conviction is defined as receiving a court-imposed sanction) of a second driving-under-the-influence offense within a 5- year period; 2) High BAC offenders convicted of a driving-under-the-influence offense with a BAC of .15% or higher; and/or 3) Driving-while-suspended (DWS) where the suspension was the result of a conviction for driving under the influence.

THE PROBLEM

Repeat Offenders:

• About one-third of all drivers arrested or convicted of driving under the influence are repeat offenders. These drivers are 40% more likely to be involved in a fatal crash than those without prior DUIs.

High-BAC Offenders:

• Over half of alcohol-related traffic fatalities involve drivers with a BAC of .15% and above.2 These drivers are at least 382 times more likely to be involved in a fatal crash than a non-drinking driver.
• During a typical weekend night, 1% of drivers will have a blood alcohol concentration (BAC) of .15 or higher.

Offenders Who Drive on a Suspending License:

• 50-75% of drunk drivers whose licenses are suspended continue to drive.
• 32% of suspended second-time offenders and 61% of suspended third-time offenders received violations or were involved in crashes during their suspensions.
• Generally, unlicensed drivers are 4.9 times more likely to be involved in a fatal crash than properly licensed drivers.

- above from http://www.madd.org/stats/11001

• Impaired driving is the most frequently committed violent crime in the United States.
• About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol (DWI) have a previous DWI conviction.
• Drivers with prior DWI convictions are over-represented in fatal crashes and have a greater relative risk of
• Between 50 and 75 percent of those whose licenses are suspended due to a DUI continue to drive illegally. Over 60 percent of 3rd time DUI offenders, who have their license suspended, commit some manner of traffic violation during their suspension/revocation period.

- above from http://www.madd.org/news/9856

Forestdale man charged with vehicular homicide

UPDATE: The Magistrate's Hearing on the charges of vehicular homicide due to negligence as well as driving on a revoked license that Christopher G. Parker has requested will be held on Wednesday April 4, 2007 at 2:00pm at the Barnstable District Court House on Cape Cod. Directions are located here. Please contact me if you plan to attend.

Forestdale man charged with vehicular homicide

By GEORGE BRENNAN STAFF WRITER SANDWICH - Christopher G. Parker was issued a citation this week charging him with vehicular homicide in the March 5 death of Diane Carhart, the police said.

Parker, 50, of Forestdale, was also cited for driving with a revoked license.

The citation makes official what police have said since shortly after the three-car crash on Route 130: They believe Parker was responsible for causing the fatal wreck.

There are indications Parker requested a hearing before a clerk-magistrate, as is his right, but no date has been set, according to a Barnstable District Court clerk.

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.

Not only had his license been revoked at the time of the Sandwich crash because state police considered him an ''immediate danger,” but his license had also been suspended for failure to pay a speeding ticket, Massachusetts Registry of Motor Vehicle records indicate.

Police have not cited Parker for operating under the influence in connection with Carhart's death but have said the investigation of the crash continues and more charges could follow.

Had Parker waived his right to a magistrate's hearing, a date would have been set for an arraignment in Barnstable District Court.

In a magistrate's hearing, the clerk will decide whether police have shown probable cause for the charge to be pursued in district court. If probable cause is established, an arraignment will be scheduled, but the magistrate also has the authority to dismiss the criminal complaint.

Magistrate hearings are typically closed to the public.

During a court appearance last week on the Bourne charge, Parker was issued a warning by a judge that if he was charged with any other crime his $1,000 bail could be revoked and he could be jailed for up to 60 days.

He had not been officially charged in the fatal three-car crash at the time of his hearing last week.

George Brennan can be reached at gbrennan@capecodonline.com.
(Published: March 22, 2007)

Driving to Endanger - Patriot Ledger Series

I found a series of articles regarding DWI, Melanie's Law and the laws in Massachusetts that was run in the Patriot Ledger over the last few years. I have put a link in the links section at left to a page of this series that covers how Mass. is lagging behind other states in their DWI laws and convictions. As you read through these quotes and graphics I hope you will follow the links to read through this whole series. Only by making others aware of the lax laws in Massachusetts can we make a change. How can a state that is as pro-active as Massachusetts have such archaic laws as they apply to drunk or drugged driving and repeat offenders who obviously have no respect for the law and will not be rehabilitated. We allow Gay marriage (the only state to do so) and fight for the rights of illegal immigrants (they are here illegally), but will not keep people who abuse the law repeatedly off the streets - something just isn't right here!

Here are a few quotes from this series:

* Massachusetts is the worst in the nation at finding out who’s been drinking, driving and causing deadly crashes. - http://www.southofboston.net/specialreports/drunkendriving/111806a.shtml

* Surviving drivers were tested in only five of 296 fatal crashes in Massachusetts last year. That's 1.7 percent, lowest in the country. According to the National Highway Traffic Safety Administration, the national average was 31 percent.

The federal agency has pushed for years to test all drivers involved in deadly accidents. But nine states, including Massachusetts, still do not require or even recommend blood-alcohol testing of surviving drivers in fatal crashes.

Massachusetts tests nine out of 10 victims of fatal crashes as part of routine autopsies. -
http://www.southofboston.net/specialreports/drunkendriving/111806a.shtml

* Flunking the test: Mass. policy is nation's most lax
Massachusetts has no law requiring alcohol testing, but five other states do.Drivers involved in fatal accidents in New Hampshire have no right to refuse blood-alcohol tests if they’re suspected of causing the crash.

“The officer can actually, if need be, restrain the person physically while the blood is being withdrawn,” said Earl Sweeney, assistant commissioner of public safety in New Hampshire.

Maine has the same policy, but it applies to all fatal accidents regardless of who’s at fault.


“We test anybody in a serious accident where death occurs or is likely to occur,” said Kennebec County District Attorney Evert Fowle, head of the Maine Prosecutors Association. “It’s certainly called for by the law, and we do it.”

Maine tests 77 percent of drivers involved in fatal crashes, second only to South Carolina’s 94 percent. New Hampshire tested 32 percent, slightly above the national average.

But in Massachusetts, police can ask drivers to take a test only after they’ve been arrested for drunk driving. Here, the number tested is less than 2 percent. No other state tests so few drivers.
- http://www.southofboston.net/specialreports/drunkendriving/111806a.shtml

* Good lawyers, soft judges: Drunks still drive - No jail time for 85% of those convicted
...and more than two dozen other South Shore drivers who are currently facing their third, fourth, fifth, even eighth drunken driving offenses.

Why are they still on the road?

Prosecutors, police and anti-drunken driving advocates say the answer lies in a 10,000-word state law that treats drunken driving as a petty crime, gives judges wide latitude in sentencing and allows even chronic drunken drivers to claim hardship to get their licenses back. An overloaded court system, cutbacks in alcohol treatment and a Legislature reluctant to adopt tougher sentencing mandates also contribute to the problem, they say.

All of this has combined to give Massachusetts one of the nation's worst track records for dealing with drunken drivers, both first-time and habitual offenders.
Consider the statistics:

• Federal highway safety reports show that only four states have a greater percentage of alcohol-related fatalities than Massachusetts.
  
• While the percentage of fatalities caused by drunken driving has declined nationally during the past 20 years, Massachusetts' has declined at a lower rate than the national average, and only marginally since 1993.
  
• Massachusetts received a D-minus last year from Mothers Against Drunk Driving. The only lower grade was Montana's F.
  
• Faced with the loss of federal highway money, Massachusetts this year became the last state in the nation to adopt the so-called "per se" law, which defines a blood-alcohol level of .08 as irrefutable proof in court that a person is legally drunk.

- http://www.southofboston.net/specialreports/drunkendriving/1a.shtml

* Federal studies estimate that drunken driving costs the United States $114 billion a year in medical expenses, lost wages and decreased quality of life. Massachusetts' share of that bill is $1.8 billion.

The statistics obscure a compound tragedy experienced by many victims and families: often the auto insurance carried by the drunken driver, or by the victims, is totally inadequate to cover the costs.

Repeat offenders who have lost their license may have no insurance at all, forcing victims to rely only on their own. In any case, victims sometimes face years of litigation to recoup some of their costs.
- http://www.southofboston.net/specialreports/drunkendriving/2a.shtml

Graphics from "Driving to Endanger" - Patriot Ledger Series

Melanie's Law - Massachusetts OUI Law Changes

The following is from a website that is set up by a law firm that defends DWI/DUI/OUI Drivers, http://www.madrunkdrivingdefense.com/melanieslaw.htm - Sue

Melanie's Law - Massachusetts OUI Law Changes

Massachusetts Passed "Melanie's Law" on October 28, 2005

Some of the new changes to Massachusetts Drunk Driving / OUI laws are as follows...

For First Offenders (1st Offense) Massachusetts DUI/OUI:

If You Refused the Breath Test:
- No 15 day temporary license
- May impound your car for 12 hours
- License Suspension consecutive with any OUI conviction penalty
- Under 21 Breath Test refusal 1st OUI offense - 3 year license suspension
- The Breath Test refusal penalty is a 180 day license suspension (no change with Melanie's Law, other than the consecutive license suspension)

If you are Found Guilty:
- Under 21 with BAC of over .20 must attend a 14-day second offender in-home program

For Second Offenders (2nd Offense) Massachusetts DUI/OUI:

If You Refused the Breath Test:
- 3 Year License Suspension, consecutive with any OUI conviction penalty
- Under 21 Breath Test refusal 2nd OUI offense - 5 year license suspension

If you are Found Guilty:
- Not eligible for work/school hardship license for 1 year (+3 additional years of if you refused the breath test)
- As of 1/1/06, Ignition Interlock device installed in your car at your own expense for 2 years as a condition of license reinstatement.

For Third Offense (3rd Offense) OUI Massachusetts OUI / Drunk Driving

If You Refused the Breath Test:
- Under 21 Breath Test refusal 3rd OUI offense - Lifetime license suspension

If you are Found Guilty:
- They can seize, keep, and sell your vehicle for a third or subsequent OUI offense..
- Not eligible for work/school hardship license for 2 year (+5 additional years of if you refused the breath test)
- The Registry may cancel your registration while your license is suspended for a third or subsequent OUI offense.

New OUI Related Laws

• If you live outside of Massachusetts, you may take an eligible treatment program in your state as part of your penalty.
• Committing OUI-related offenses while having a license suspended or revoked for OUI-related reasons (OUI, vehicular homicide, OUI with serious injury, OUI or homicide in a boat, or vehicular manslaughter) Penalty for conviction - mandatory minimum sentence of 1 year, to be served consecutively to any other sentence.
• Your vehicle may be forfeited for a 4th (fourth) offense OUI or subsequent offense.
• Child Endangerment by Operating Under the Influence - If you are convicted of an OUI while a child under 14 is in the car, their is an additional penalty of a license loss of 1 year (consecutive with any other license loss period). Mandatory 6 months in jail for a 2nd offense, and a 3 year license loss (consecutive)

Other Related New Laws

• Knowingly hiring an unlicensed person to operate a motor vehicle - Penalty for conviction, license suspension for 1 year
• Knowingly providing a motor vehicle to an unlicensed person - Penalty for conviction, license suspension for 1 year
• Lifetime license revocation for vehicular homicide involving OUI, felony vehicular homicide after a prior OUI offense, or OUI with serious injury, or vehicular manslaughter.
• Increase mandatory minimum sentence for manslaughter by motor vehicle to 5 years in jail.
• First Offense Vehicular Homicide license suspension increases from 10 to 15 years.
  
  

Massachusetts Homicide and Vehicular Homicide Laws

Sorry for the delay in posting...I tripped a couple of days ago and broke a couple of bones in my right hand (sigh) so typing is going a bit slow. The knuckles where my little finger and my ring finger attach to my hand are a bit "mashed". I guess my brother and I have the same Klutz gene...he broke fingers and knuckles on the same hand about 4 weeks ago.

I've received some more response to my letters and phone calls regarding strengthening the repeat offender DWI/DUI/OUI laws (they all have the same meaning according to Mass. law). In addition to hearing back from MA Rep. Jeffrey Perry and MA State Senator Mark Montigney I have also received a letter from Vice President Cheney and the MA State Attorney General. Today I have a message on my answering machine to return a call from Sen. John Kerry's office.

The following information is from the Norfolk County Massachusetts District Attorney's website

http://www.mass.gov/da/norfolk/homicide.html

A Brief Overview of Massachusetts Homicide Law
Massachusetts law defines a homicide as the willful (non-negligent) killing of one human being by another. There are two categories of criminal homicide under Massachusetts law-murder and manslaughter. There are also different classifications of murder and manslaughter. Which homicide crime has been committed (and the punishment that can or must be imposed) generally depends on the manner in which the crime was committed and the intent on the part of the perpetrator.

Classifications of Murder / Punishment
First Degree Murder / Life, without possibility of parole
Second Degree Murder / Life, parole elegibility after 15 years

Classifications of Manslaughter / Punishment
Voluntary Manslaughter / State prison up to 20 years; plus fines
Involuntary Manslaughter / State prison up to 20 years; plus fines
Vehicular Homicide / State prison up to 20 years; plus fines

A Brief Overview of Massachusetts Vehicular Homicide Law
(Melanie's Law increased the mandatory minimum, more info in next post-Sue)

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger = Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines*

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger = Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines*
*Also loss of license

Massachusetts Vehicular Homicide Statistics (1998):
1998 alcohol-related statistics for Massachusetts


All traffic fatalities/Alcohol-related fatalities/% Alcohol-related
406 / 192 / 47.4*%
Statistics from National Highway Traffic Safety Administration (NHTSA)


National Vehicular Homicide Trends - According to the National Highway Transportation Safety Administration (NHTSA):
* More than 35% of all 16-to-20 year-old deaths result from motor vehicle crashes.
* 37% of these motor vehicle fatalaties were alcohol-related crashes.
* The troubling news: During a typical weekend, an average of one teenager dies each hour in a car crash. Car crashes are the #1 cause of death among teens.
* Promising news: Since 1989, less than half of youth motor vehicle fatalities have been alcohol-related.

Sue

www.JusticeForDiane.com

To make it easier to find this site, and since I have found that Google is now listing us in the blog search and not their regular internet search, I have set up www.JusticeForDiane.com which will bring you right to this site. If you have already bookmarked this site or saved it to your favorites, do not worry, you will still be brought right to the home page as usual.

Sue

This Just Has To Stop!

I was researching the various homicide laws and came across an editorial in the Taunton Gazette that was tragically familiar - State Must Say No To Killer Drivers

If the family of this young woman finds this site I hope that they will contact me...I know EXACTLY how they are feeling. Perhaps we can band together in this campaign.

Sue

Fatal Crash Spurs Renewed Call For Tougher DUI Laws

The article below was printed in the Thursday, March 14, 2007 edition of the Standard Times.

Fatal Crash Spurs Renewed Call For Tougher DUI Laws
By George Brennan Cape Cod Times

FALMOUTH - A family still grieving for a beloved mother and grandmother is calling on the state to get tougher on repeat drinken drivers.

Diane (Kelsey) Carhart, 63, of Forestdale was killed March 5 in a three-car crash on Route 130.

Christopher G. Parker, 50, the man police say caused the crash, was driving without a license. It was revoked after he was charged in October with driving under the influence of drugs. The October case is his sixth time being charged with driving while impaired, according to court and Registry of Motor Vehicles records, and the second time charges involved drugs.

Carhart's daughter, Mattapoisett resident Susan Linhares, and her family are seeking tougher state laws against repeat drunken drivers. She also started a web site, Justice For Diane, to call attention to the issue.

"For a repeat offender that killed someone while driving, I would like to see a second degree murder charge," Mrs. Linhares said. "I don't think that's unreasonable."

In 2002, Sandwich police charged Parker with driving while under the influence of drugs, but the case was dismissed a year later, records show.

Parker has been convicted of drunken driving four times and one case is pending.

When he was arrested in October, Parker told police he had taken methadone and ativan, a seditive, before getting behind the wheel, according to court records. He was in Falmouth District court on Tuesday on that charge, and the case was continued until March 30.

After he was charged in October, state police wrote a letter to the Registry saying that Parker posed an "immediate threat," and his license was revoked. His license also was suspended in December because he failed to pay a speeding ticket issued in 2005, registry records indicate.

"He had a total disrespect for the law," Mrs Linhares said. "We want to start where Melanie's Law stopped [left off]."

Melanie's Law is the state's 2005 drunken driving law named for a 13-year-old Marshfield girl who was struck and killed by a drunken driver. It created tougher sentences for vehicular homicide while under the influence and allowed police to use driving records as evidence, among other reforms.

"It just burns me that he's out on the street," Linhares said.

"Massachusetts has one of the most lenient laws on driving while intoxicated. It just seems so absurd because we are so proactive in so many other things."

Parker will be charged with vehicular homicide in connection with Carhart's death, according to police; no date has been set for his arraignment. He is also charged with driving after license revocation.

The police are not seeking charges of driving while under the influence in last week's deadly accident, but Sandwich Police Chief Michael Miller said the investigation continues and more charges could follow.

In a brief court appearence yesterday, Judge Don Carpenter warned Parker that his $1,000 bail could be revoked and he could be sent to jail for up to 60 days if he is charged with another crime.

"My deepest regrets from my family to theirs," Parker said as he walked away from the courthouse, at one point throwing up his arms and crying. "They're devastated and I'm devastated. It couldn't be a worse thing."

Linhares and Carhart's mother, Louise Kelsey, were at the court yesterday, but neither woman heard Parker's comments outside the courthouse. "He still got behind the wheel," Linhares said. "We need to get the laws strengthened, especially against repeat offenders."

State Rep. Jeffrey Davis Perry, R-Sandwich, said he is eager to see how the cases against Parker unfold. "I want to see if this case is an example of why we need to do more."

The Legislature will look at drunken driving laws in the upcoming session to close gaps in Melanie's Law, Perry Said.

Cape and Islands First Assistant District Attorney Michael Trudeau said tougher sentences created by Melanie's Law can be imposed only upon conviction.

Louise Kelsey, who turned 87 the night before her daughter was killed, said she had no interest in confronting Parker yesterday at the courthouse.

Instead she chooses to remember nights playing cribbage and watching the Red Sox with Diane.

"It still hasn't hit me that she's gone," Kelsey said. "She was more like a friend. We had both lost our husbands, and we were always together.

Standard-Times staff writer Brian Fraga contributed to this story.
George Brennan can be reached at gbrennan@capecodonline.com.

Christopher G. Parker has a spotty driving record going back to 1982

The following information was included in the Cape Cod Times March 14, 2007 article titled "Crash spurs fresh call for tougher state laws" written by reporter George Brennan. The full article can be found in the links section on the left side of this site. I am shocked that Christopher G. Parker hasn't been incarcerated before this time.

As you read through this list of offenses and convictions I hope you share my shock that this man was even allowed out of prison..and he is still out on the streets! Who will his reckless actions affect next? I have learned Mr. Parker has a young son. Mr Parker's irresponsible actions not only took my mother's life and caused injuries to the driver of the NStar truck but his son will grow up without a father if we are successful in placing Mr Parker behind bars.

Please think of the total consequences if you are tempted to drink or use drugs (illegal or not) and choose to drive while you are impaired in any way. This record goes to show once again the total lack of respect that Christopher G. Parker has for anything or anyone except himself. I guess he believes that the laws of the State of Massachusetts apply to everyone except himself. No wonder he didn't seem too upset while he was in court yesterday - he is a pro at this!

May 21, 1982: Charged with operating under the influence of alcohol, West Bridgewater. Convicted Dec. 17, 1982.

Sept. 28, 1982: Charged with operating under the influence of alcohol, Hingham. Convicted Dec. 17, 1982. Ordered to attend alcohol treatment program.

April 6, 1998: Charged with operating under the influence of alcohol, Sandwich. Convicted June 29, 1998. Ordered to attend 45 day treatment program.

March 21, 1999: Charged with operating under the influence of alcohol, Sandwich. Convicted

April 20, 1999. License revoked for two years and ordered to attend alcohol treatment program.
June 14, 2002: Charged with operating under the influence of drugs, Sandwich. Dismissed June 12, 2003.

Over the past 25 years, he has also been cited for speeding five times, causing an accident once and driving without an inspection sticker once.

Source: Registry of Motor Vehicles

The Media and Christopher G. Parker

Today my Grandmother and I went down to the Falmouth District Courthouse and met with both George Brennan of the Cape Cod times and the cameraman from WHDH, NBC channel 7 Boston. We did not go into the courtroom, as we had no wish to see Mr. Parker. While we were there waiting for Mr. Brennan we saw a man come out of the courtroom with his head down and he was walking quickly towards the door. It wasn't until we saw the print photographers and cameraman from channel 7 following quickly behind the man that we realized that this might be Mr Parker. I followed them outside, just to see what was going to happen, and stood with two officers from the courthouse. What a sight to see with Mr Parker walking as fast as he could down the road and the cameraman and photographers following and running in front of him then turning back to take his picture! It was like a mini paparazzi event. I have posted the article that Mr Brennan has written this afternoon. It is listed in the links section at left under "Driver cries about last weeks fatality".

Afterward we went back to Mattapoisett and met with Byron Barnett, the reporter from channel 7. The piece will run sometime today between 4 - 6:30 and then most likely at 11pm.


Just after the crew from channel 7 left I recieved a call from Shirley Chan, a reporter from Fox News 25, in Boston. They also came by and interviewed for a piece on this site, Justice for Diane. They didn't have time to get back to Boston before they had to go on the air at 5pm so they met a satellite truck at the Mattapoisett Police Station in order to be able to send the story feed. This story will air tonight at 5pm and then a longer piece at 10pm on channel 25. I also hear that the Cape Cod Times has been contacted by several media outlets asking for pictures of my mother and the vehicles involved.

To say that I am humbled by the support that we have received in such a short time is an understatement. My mother always said that one person can make a change and I used to think that it was impossible...now I'm beginning to have a bit of hope that we WILL be able to make a difference in the name of my mom, Diane "Dee" Louise Kelsey Everett Carhart.

Media Stories Regarding Diane's Tragic Death

UPDATE -> I have also been contacted by Shirley Chan at Fox News, Channel 25 in Boston. Somehow they have heard about "Justice for Diane".

--------

I have been contacted by both WHDH, NBC channel 7 in Boston, MA, and George Brennan a reporter from the Cape Cod Times who has been covering this story. My Grandmother, a neighbor of my mother's and myself will be meeting with them both tomorrow morning for stories that will run on channel 7 tomorrow, Tuesday March 13, 2007 and in the Times over the following days. I will post more info on exactly when the stories will run as soon as I am able.

The fact that Mr. Parker has such an extensive driving record with the court system really gets people to sit up and take notice, as it should. It is our hope that as others are made aware of the lax sentences handed out to repeat DWI offenders, as well as for charges of Vehicular Homicide, that we will be able to have our collective voices heard loud and clear...thus getting "Justice for Diane".

Sue

Thank you!

I want to thank everyone who has stopped by our new Justice For Diane site. In the past 24 hours since we have gone live we have quickly moved right up to the #5 site on Google when you type in Diane Carhart...out of 594,000 entries! You guys are great!

Please continue to pass along this site to anyone you know. The more people who stop by the easier it will be to be successful with our campaign to change the DWI laws in Massachusetts. Lets get to #1 on google!

I have heard from Sandwich, MA State Representative Jeffrey Perry. He supports us and will do all that is possible to strengthen these laws and increase punishments in the name of the victims, such as my Mom. I am hoping that I will hear back from others who I've contacted also.

Sue

Condolences and Memories

We have received many emails, letters and cards with messages of sympathy for our family as well as remembrances of Diane and we would like to share just a portion of them with you here.

Additional messages will be added onto the bottom of this entry.

Hi John—Thanks for the sentiments. My thoughts are with you as well. †I am glad Kimberly is with you. †The comfort of family and friends is very helpful at times like these. †See you before long—courage, - Andy D.

John: Please know how very much Jim and I are with you and the family. We really appreciate you keeping us informed. I spoke with Kris the other night and she filled me in as things stood then. Take very special care! - Meg F.

Thanks for sharing this with us, John. I hope that your children as well as all the family are finding comfort in their memories of the good times. Take care, - Ralph Rayburn

I feel terrible about Diane's death. ……... Sunday was an awful day. My cousin Betsey's (Thurley's youngest) husband (62 yrs old) fell off his bike & died of head injuries even though he was wearing a helmet. They don't know if he just fell or if his bike was hit by a car. - Nancy H.

John, I’m very sorry to hear that. †I hope you and the kids can manage. Andy's step mom just passed away and Andy is in PHX dealing with the arrangements. - Dirk D.

Oh John, I'm terribly sorry! Please accept all our condolences and sympathies to you and your children. Please, if there is anything we can do, we will. Warmest wishes,- Tina F.

Dear John (and Kris), Ralph sent your email about the sudden accident and loss of Diane yesterday. †What an unexpected tragedy for Susan, John and you and all the family. †I am so sorry. It is so shocking and overwhelming at first to have to deal with unexpected death. You and your family are in our thoughts and prayers. We Love You All, - Elaine R.

John: sorry to hear such bad news.... - Jim A.

John: News spreads fast and I am deeply saddened by the tragic death of your ex wife. May God bless you and your family. - Jan C.

John: Just checking in; I am so saddened by your news.† Our heartfelt sympathy to you and your family; you all have certainly had more than your share of challenges.† My vision of Diane is her gentle smile and friendly way.....I see her 'walking to class holding her books' and like Steve I can certainly remember her days wearing that bandana.... I am having a difficult time accepting such a tragic loss; and, yes, life is so fragile.† Our deepest sympathy, - Carolyn

John and Family, What a tragedy. My sympathies to everyone, especially your children. Regards, - Frank T.

John, Very sorry to hear about what happened to Diane. She was a good friend as all my classmates are. God Bless. - Paul D.

Susan, You may or may not remember me. We spent long hours playing Masterpiece, Life and other games as kids while our parents socialized. I just heard about your loss and I wanted to say how sorry I am. I lost my remaining three grandparents in the last 18 months and am coming to realize that this is the next stage of life for our generation. Not knowing if is welcome or not, I wanted pass on two pieces of infomation.

The first is that three of my four children were too young to remember my mother-in-law after she died, also too young, 14 years ago. Indeed, my daughter wasn't to come for several years afterward. While there is nothing I know to say about your loss now, I can tell you that my wife has taken great comfort and pleasure in remembering her mother to our children. For those of us not destined for the history textbooks, family memories, told by those who knew and loved us, is a beautiful route to immortality.

The second is a personal note. I have been told that you are facing challenges of your own. Since all I know is second-hand at best, I wouldn't presume to speak about your circumstances. Regardless, I thought I should tell you that you have made a lasting impression on the world. At least on my part of it. You were the prettiest girl I knew for a long time in my life (I'm sure you still rank, it's just my memory that is fuzzy!). However, it is not just your appearance that keeps you in my memory.

You were the one in my life that taught me that girls/women were not just the attractive but unattainable alien creatures that testosterone, beer ads and television programs portrayed. How did you, a single pubescent girl, cut a path through the haze of nature and nurture without even knowing it? Well, I didn't realize it for some years, but a single time together has stayed with me my entire life while almost everything else in my childhood has dropped into a fog. One day, at your house, you were very excited to show me a part of a book you were reading that you thought was just hilarious. The book was Jaws and you cracked up every time you read the start of one chapter that described how interminably the boat captain peed in the morning. So, to sum it up, you taught me that girls were people because you were just as facinated by gross bodily functions as any of my male friends. I realized this while talking to one of my boys about girls and passing on all 2-3 minutes of precious wisdom I could get him to sit still for.

Why, you might ask, did I want to tell you this? The answer is simple. All of us, your mother, you, possibly even me, have touched the people around us. Though often in ways we don't know, we are all memorable and will be around forever. Sincerely, - John A.

Dear John, I was shocked and saddened to read about Diane's death. I vividly remember the effect her riding accident had on our class at Center School. She certainly had more than her share of tough times, and now this. What a shame! My thoughts are with you and your children. I am an EMT on our town's volunteer ambulance corps, and my thoughts are also with the people who responded to the accident. Mainly, however, my thoughts are with your children. It's so painful to lose one's mother at any age, and so tragic to have it happen at such young ages. It hurts all of us to see that a classmate has died; it hurts the "kids" from Mattapoisett even more, but that is nothing compared to what your children are going through. - Barbara G. K.

John, Very sorry to hear the news. Our thougths are with you and her family...especially Sue and John. - Dan F.

Hi John, Thanks for letting us know. We're very sorry for your loss. Chuck and Cindy A.

John, I'm sorry to hear that news. - Alden T.

John, If there is anything Geri and I can do to be of assistance, please let me know. Emory A.
John: My very sincere condolences. Please attend to the more important matters at hand ……... Again, I'm very sorry to hear about this tragic news. - Mark C.

Hello, John. Thanks for sharing this with us. It is always hard to deal with tragedy. I hope that John and Susan are holding up okay. Am sure your being there will help. You are again in our thoughts and prayers. - Ralph & Elaine R.

John, I'm sorry. I just read about the accident in today's paper. †The location is only about 5 or 6 miles from our house. There have been a rash of fatal car accidents on the Cape recently. - Emory A.

John: I am so upset to receive this news. Am sure John and Susan are very saddened. Me, too, though I did not know her. Please know that we are with you in this tragic loss. Love, - Meg F.

Dear John, Thanks for letting me know. I am so sorry for you/your family's loss. Very tragic. How is Susan doing? John, too, of course. Because of Susan's on-going battle, I am especially concerned for her!love, - Kay H.

John, Really sorry to hear this - hang in there and know our thoughts and prayers are with you. - Mike B.

Such sad news. I had Diane on my birthday list, sending messages via the shop at Plimouth Plantation. Peg and I visited the plantation last summer and had a chance to chat with her for a while. I cry whenever I have to scratch a name from my list. - Charlie C.

My condolences on your family’s loss. - Don W.

John & Kris, I tried to call, but of course your phone was busy. †PLEASE let me know if there is ANY thing I can do to help. - Joanne L.

John, Let us know if there is anything we can do to help. - Steven and Joanne L.

John, your news is shocking and my sympathy is with you all, especially for Susan who has had so much to deal with already. My wish is that knowing that friends care how your lives are affected may be of some help to coping with your collective loss. - Jack S.

John,† Of course,my prayers are added to the others. Whenever I think of Diane, I picture her with a red bandana on her head from the horseback riding accident she had that caused her head injury. It's funny the things one remembers (but I can't remember what I had for breakfast !!!!!). - Steve M.

John, I'm so sorry to hear the tragic news. †Please know that Brig and I are thinking of you and your children. If there is anything we can possibly do, let us know. - Shelly E.

God John, What a horrible tragedy-- We're so sorry--especially since Diane was keeping an eye on Susan. †Our thoughts &prayers are with you. †Hang in there. Love, - Jane & Mike B.

John, From my family to yours, our sincere condolences. That really sucks. - John H.

John. Please express our concern and expression of sympathy to your family. There are no words of comfort that we can offer that will make this tragedy make any sense. Prayers are being offered by Blanca and me. Please pass our condolences to Susan and Johnny and also to you who have lost a loved one. - John and Blanca H.

Sorry to hear about this, John. †You, John and Susan will be in our thoughts and prayers. - Jim and Joyce H.

What a shock - talked to both Colleen and Mike (their mother had informed them), also called Edna (she and Randy are down here in Naples - they look like they will be buying a place here for the winters) as I know her E-mail is not all that reliable where they are staying. How are the kids doing - have not heard about Susan lately (does she still have the blog)? Send our condolences to the kids - have fond memories of our times together in what seems like another life time.

John, our thoughts and prayers to your family.† Life is so fragile. - Maureen C.

John, Please extend my condolences to your family. Diane was a good friend. She'll be missed. - Nancy (H.)

John, What a shock!! We are saddened by Diane's tragic accident. We never know what is around the corner. As you know I knew Diane form Center School days and was very surprised to see her on a visit to Plymouth Plantation years ago. † Please extend our sympathy to the children. - Cuffy and Linda T.

Hi John, My prayers are with you and your children at this difficult time. I have good memories of Diane. - Vicki P. P. G.

John, I'm so very sorry to hear about Diane.† Please send our collective love and support to your son and daughter. † - Beverly S.

John,†Our condolences to your family. It's always sad news to hear of another member of our class passing away so young. - Jerry & Vidahlia F.

John, Kimberly called just after I rolled out of Charley Horse, looking for you. I told her you would be home very soon. She told me that Diane was killed in a car accident. We are so sorry for everyone involve and please let me know how I can help logistically or any other way. - John H.

Oh Sue, I am so sorry. I don't even know what to say. You know your friends are there for you whenever you need us. Anything I can do to help please call me ok? It is strange the bond we have. Yesterday would have been my Sister's 52nd birthday. Hugs to you. I miss talking to you too... I hope all is getting better with your health. - Debbie S.

Oh my God, Sue!! I don't know what to say except I'm so very, very terribly sorry! My heart goes out to you and your family at this very sad time. I will keep you in my thoughts and prayers. I'm sure she received a wonderful greeting at The Rainbow Bridge. May the heather and shamrocks fall ever so gently... With my very deepest sympathy, - Karol P.

I just leaned of your mother's passing. So very sorry Sue. - David N.

This is just awful ... Many prayers and condolences from North Carolina and the Tarheel Setter crew. - Lori B.

Sue, I heard. Words fail. I can feel your pain and loss. Your in my thoughts and prayers. - Love, Alden T.

Oh my...how awful...my sincere condolences to you Sue...I hope you have the strength... - Denise S.

So very sorry for your loss. What a tragedy. - Colleen O.

What an awful tradgety. Condolences and zen to Sue & her family. - Karen G.

Oh, my gosh, how awful! My deepest sympathy. - Jani W.

Sue, I just read the post on Setters-l about your mom's tragic accident. I am so sorry about your loss. My deepest sympathy is with you and your family. My thoughts and prayers are with you. - Elaine W.

Sue, Like so many Setters-L friends, I've just seen the sad news. My heartfelt sympathy for your tragic loss. You and your family are in my thoughts, and have my prayers. - Neva G.

Sue, you are in our thoughts. - Sincerly, Ken & Barbara B.

Sue: I was saddened to read of the tragic passing of your mother on setters-l. My thoughts are with you and your family. - Rhonda D.

Hi Sue, You know how much I dislike this e-mail, but in this case I'll use it. Denny and I were both shocked and saddened when Iris told us about your mother's tragic accident and death. We would like to express our deepest sympathies and warm regards to you and all your family. We also hope that your health improves and this tragedy doesn't adversely affect you. We would come to the visiting hours and the service, but they coincide with Denny's mother's visiting hours and service. Denny's mother passed away Tuesday morning from congestive heart failure, it was not unexpected. Feel free to call if you desire, we wish you all the best. - Denny and Larry

Dear Sue, I am so sorry to hear of your mother's sudden passing. You and your family are in my thoughts and prayers. - Karen, from California

Dear Susan, Please accept our sincere sympathy for your mom's loss. Love, -Chuck and Cindy A.

Dear Sue....We are so sorry to hear this news.....Our heartfelt sympathies are with you at this very painful time. Losing our mothers has got to be the biggest loss we have to bear. Loving thoughts and prayers to you and your family. - Susan & Tom D.

Dearest Sue - How tragic for you to lose your mom. Life is so fleeting....who would ever have thought that one minute you'd be speaking with her and poof, the next she's gone. You have my sincere sympathy at her passing. Words that I say cannot bring her back, but you have the gift of her memory and the fun times you shared. She was with you during your illness, and she'll be with you now, too. I lost some dear friends in 1996 who were killed in a semi/car accident. Tom and Sharon and their two kids were killed. I still think of them....and as we all travel and commute, the reality of it is that it makes us more at risk to have an accident on the road......Please....grieve and please cry and please remember the good things your mom taught you. You're in my thoughts - With sympathy - Peggy D.

Our most sincere condolences on the tragic loss of your mother. You are in our thoughts. - Andy & Kay

Hi Sue, So terribly sorry about your mom. That was just wrong and I feel your loss deeply. On the other side of this tragedy, I want to hear all about you and your health. - Love, Us

Sue, I am so sorry that this has happened to you. What a nightmare and such inexcusable actions by the driver who rearended your Mom. I am so sorry. - Vicki

Oh Sue, I am so sorry for your loss. Losing a loved one is never easy but losing so unexpected and for such a horrible reason makes it even harder. My deepest sympathies to you and your family. - Cil C. PS I tried to leave the message on your blog but I didn't have an account. Again,,,I am sooo sorry!

You have every right to be angry. I hope they throw the keys away on his cell. What a tragedy that your family has to suffer such a loss. I am really sorry for your loss. - Denise K.

Dear Sue, I feel so ashamed that I didn't send a card. I've been in touch with Karol to see how you have been as I just don't know how you would have been able to handle such a tragedy when you have your ongoing health issues. Please know that you are in my thoughts frequently. Much love to you.... - Kristi B.

Hi Sue Iris told me of your mothers passing, but didn't elaborate on the cause. Katie and I send you our profound and deepest condolences. I'm so outraged to hear of this and you're so right about the laws being so lenient, he should have been charged with Murder. - Larry P.

I AM SO SORRY FOR YOUR LOSS. IF A PETITION GETS STARTED TO ADDRESS THIS ISSUE W/ THE MASSACHUSETTS LEGISLATURE, I WILL SIGN AND HELP IN ANY WAY. THE LAW MUST CHANGE AND THE ABUSE & KILLING MUST BE STOPPED. YOUR MOM IS FREE NOW OF EARTHLY BONDS, JUST AS MY MOM IS ALSO. I DEAL W/ THE LOSS BETTER IMAGINING HER IN A BETTER PLACE LOOKING DOWN ON ME, SENDING ME LOVE, WISHING THAT I NOT GRIEVE LONG FOR IT PAINS HER, AND SMILING AT ME AS I GO ON W/ LIFE THANKING HER FOR HER GIFTS, WORDS OF WISDOM, FAMILY TRADITIONS & SECRET RECIPES, AND HER KINDNESS.....& HER OVERWHELMING LOVE. PEACE BE W/ YOU THROUGH THIS TRAGEDY, - LIZ L.

Sue - we don't know one another, but I have had Gordons for years and saw on the Yahoo group about your mom. Please accept our sincere sympathy. Please treasure the wonderful memories you have of your mom, and your time together. - Marcia and Steve B.

Sue - I am so sorry about your mother - it is a very difficult thing to go through, I lost mine to disease seven years ago. Unfortunately, the DUI laws are as impaired as the people they are meant to ensnare - we take the offender's license away, but you are right, they don't care about the value of a human life, and they drive anyway. My thoughts and prayers are with you and your family during this most difficult time - I do also hope that your health issues are resolving and you are on the road to recovery. - Lisa S.

Sue, That is so sad and such a quick loss . No time to prepare or say goodbye. Special Prayers are sent your way. - Lola G.

Truly sorry to hear of your tragic loss, Sue. There is no question that there are holes in our justice system that can allow such travesties to continue to occur.... I sincerely hope that someone will wake up and stop this man from ruining more innocent lives. - Dawn M.

I cannot even begin to express how awful I think that law- or lack thereof- is, Sue. I am terribly sorry for your family's loss. Bless you. - Chris H.

Dear Sue, I was so sorry to hear about your Mother's death. How horrible it was for all of you. My sincere sympathies for you and your family. - Betty B.

Oh my god, Sue--I hadn't heard! Our thoughts and prayers are with you!!! Let's get that "man" in jail soon! - Ellen S.

Sue, I'm so sorry you lost your mother in such a tragic way. I'm not sure one can ever understand something so senseless. I can't imagine how one begins to deal with a loss like that. Besides the actual loss, there must be so much anger at the irresponsible idiot and the lack of justice that could have prevented it. And then to know that someone who shows such disregard for his actions and for others lives could be out so soon. I'm sharing a wee bit of your outrage! And in the end, with whatever "justice" you achieve, your mother is still gone. I hope you can stay strong. You have a lot to deal with. My thoughts are with you. - Carol A.

Oh Sue. I am so sad for this tragedy, and so mad at this man and the system that allowed him to still be on the road to even hit your Mom. Sending your prayers of comfort. Take care. In HIS Love, - Lori B.

You have my heartfelt Sympathy on the loss of your Mother in that awful accident. It seems everyday you read about drunk drivers with several convictions. My Prayers are wihou and your Family. - Diana H.

Sue, somehow, I am sorry just doesn't seem like enough. I can't begin to understand your anguish and outrage at this..... Maybe, just maybe, your Mom's death will result in changes tot eh laws. - Pam L.

I went and read the article. That is simply horrible. How in the world do they allow people to not only be free but drive ever again!!! How is it he can take lives and be out free to do this again in 2.5 yrs. I am so sorry for your loss and just don't know how I would deal with it. However, being a Hurricane Katrina survivor you have to reach deep inside and find the strength. I feel I would launch a campaign to see this person never sees freedom again. Sincerely, Sue K.

You've been through so much, now this. I can't believe the laws in MA about this guy (or any one with his record). I'm sure back in NYS - this would be a big matter - it's hard to believe that he could only get 5 years and be eligible for parole in 2 1/2 years! Unbelievable. . . . . .laws should be changed! It seems that some laws in this state are very hard, and others. . . . . . I wish you and your family luck! Even if you can get the laws changed, it won't be in time to put him away for good. That's the sad part of the whole thing. . . . .a slap on the wrist is just not good enough. - Betty B.

Sue, My deepest sympathy in the loss of your Mom, Thanks for the link and the details, this is another outrage and another needless death. The laws and enforcement need to change for sure, funny that you emailed me as you have been on my mind lately... - Jane P.

Sue, We are so sorry to hear about this awful tragedy with your mother. Your letter to Governor Patrick was strong and moving- there is no reason why someone like that is still allowed to drive or be out on the street. We know that the past year has been very difficult for you and we keep you in our thoughts. Sincerely, - Marina and Gene

Thanks for the information Iris. It is so tragic, yet people like this keep getting off and driving again. Please let Sue know that my deepest sympathies are with her and her family.! I hope that there is a response to her letter from someone in the government offices?! Regards, - Billie T.

Sue, You may also want to Google SCOTT GARDNER ACT being proposed by our US Rep Sue Myrick. Scott Gardner was a much beloved school teacher and father of young children who was killed by a Drunk Illegal who had been convicted of numerous (I think 4-5) DWI's.... before he hit and killed Scott, and his wife is in a nursing home in a coma/stupor and brain damaged. Anyway, do you believe that DWI conviction are NOT a Deportable Offense for ILLEGAL aliens. I love my Mexican friends, but if you are here illegally that should be deportable, and if you are here committing criminal acts then you need to go to jail BACK IN YOUR COUNTRY. Anyway, it's a big deal here in NC and you may want to contact Sue for help. I have met her, and she is a very good person. She is a breast cancer survivor who really cares about the people she serves and does a fabulous job! Take care, and again my prayers are with you....- Lori B.

Hi, I'm so sorry all this has happened to you- it seems you're due for a turn in lick. I'll keep you & your family in my prayers. - Eileen w/o Jack

BEST of luck to you. - Chris

Sue, I'm so sorry about your mother's death. You are in my thoughts and prayers. - Laura C.

Dear Sue, I am so sorry for the horrendous agony you are going through. Praying for you in all your grief and injustice that led to your dear mother's untimely death. - Karen A.

Sue, what a horrific time you've had. I'm so sorry about your losses. I don't know what else to say. I hope you can find some peace. Take care. - Kay

Sue, I'm so so sad for you. Blow after blow. One step at a time, Sue, one step at a time. And yes, it is wonderful that you and your mom had that 6 weeks that you can look back on now and cherish. Amazing that you are able to recognize this goodness in your life, given the continuous blows you have had to absorb. best, - Karlie A.

Sue: I wanted to convey mine and Frank's deepest sympathy. Sorry we couldn't make the services we were quite out of commission. I know the loss you are feeling and my heart goes out to you. I know I lost my best friend and things will never be the same, but in the same token time does heal things a bit. If there is anything I can do, please let me know. With Deepest Sympathy Love - Jane L.

Sue- what a terrible terrible tragedy. I hadn't seen/heard anything about this. I am so sorry for your loss. - Paulette P.

Susan, This guy was convicted of "Murder" not driving under the influence, or involuntary manslaughter, but Murder. Its law enforcement agencies and the courts that are the one those are responsible for the needless slaughter on our highways. The below links are for the first person that was convicted for Murder because of intent. http://www.newsday.com/news/local/longisland/ny-lilimo1017,0,2763042.story?coll=ny-linews-headlines - Larry P.

Unbelievable! How many more people have to be injured or killed before something is done....I cannot believe this man isn't in jail permanently. I'm so sorry for your loss. - Patti N.

Sue, Justice for Diane!! That is just so wonderful; good for you, it's a good thing you are doing...a daughter losing a mom tears apart a very special bond if the bonding has been good like it was with your mom and you; my mom died 7 years ago and I miss her so, a part of me is always lonely, but I'm ever so glad I had her for my mom..with the love comes pain with loss...you have suffered just incredible losses..don't we love our pets so much...we have two little dogs and they are our babies...after my last dog died, I swore I'd never get another dog, hurts too much, but then, Jason, my son with brain/spine tumors, 35 years old, wanted a dog (for me, he said) so now we have two...I'm prepared for the pain of loss even as they bring us so much smiles and love..well, I am rambling here now and I'm sorry, just wanted to say good for you, for Justice for Diane, and hang in there sweetie...faith t.

Compiled from email messages recieved by John T. Everett and Susan E. Linhares