Justice For Diane

Justice Part Two

2010-02-19T10:49:00.003-05:00

It has been a while since I have posted here but that does not mean that I have forgotten my mother Diane, not by any means. After losing my step-father Lloyd Carhart, then under going surgery to remove a brain tumor, then losing my mother in such a short span of time sent me to a place I never want to go to again.

After almost 3 years we finally have a trial date in the civil suit regarding Diane's death - May 25th. I will again attend each day of the trial & all court proceedings.

I'm afraid of dragging it back up again & having that whole experience that I only just started to get over come back... but at the same time we have been waiting for justice for my Mom & I want it so badly!

Cape Cod Times:Parole board error raises alerts

2007-12-10T11:27:00.000-05:00

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!

2007-12-06T13:48:00.000-05:00

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

2007-07-31T12:19:00.000-04:00

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!

2007-07-28T14:05:00.000-04:00

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

2007-07-28T14:00:00.000-04:00

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

2007-07-27T13:59:00.000-04:00

More coming soon!

Disposition on October DUI charge against Parker

2007-07-27T08:01:00.000-04:00

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

2007-07-26T22:29:00.000-04:00

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

2007-07-26T14:52:00.000-04:00

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

2007-07-25T18:50:00.000-04:00

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!!!

2007-07-25T16:11:00.000-04:00

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???

2007-07-25T10:33:00.000-04:00

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

2007-07-24T13:24:00.000-04:00

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

2007-07-18T13:14:00.000-04:00

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

2007-06-28T17:28:00.000-04:00

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

2007-06-27T14:18:00.000-04:00

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

2007-06-22T20:16:00.000-04:00

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 :-(

2007-06-21T18:40:00.000-04:00

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

2007-06-20T18:57:00.000-04:00

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

2007-06-10T12:28:00.000-04:00

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

2007-06-09T16:03:00.000-04:00

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

2007-06-04T12:07:00.000-04:00

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!

2007-05-12T18:06:00.001-04:00

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

2007-05-10T14:03:00.000-04:00

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

2007-05-10T13:57:00.000-04:00

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

2007-05-10T13:51:00.000-04:00

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.

Parker's Arraignment in Barnstable District Court

2007-05-09T14:27:00.000-04:00

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

2007-05-08T11:12:00.000-04:00

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?

2007-05-02T14:59:00.000-04:00

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.

Barnstable County House of Correction

2007-04-30T10:00:00.000-04:00

Several of us were wondering what exactly happens when someone is taken to the Barnstable County House of Correction. A quick search of the internet found the following information and photos from the Barnstable County Sheriff's office website.....

The Barnstable County House of Corrections Facility (BCCF) is located at the Massachusetts Military Reservation in the Town of Bourne. A formal ground-breaking ceremony was held in September 2002 for the new BCCF, a forty million dollar facility located on the Massachusetts Military Reservation in Bourne. The new three hundred cell BCCF is a state of the art, direct supervision facility.

Booking Procedures

The Barnstable County Sheriff’s Office services a daily inmate population of approximately 300 individuals. All of these individuals must go through the booking intake process. Each individual received is processed in the same manner:

Searched
All property taken-logged and bagged
Processed through the identification-fingerprints, photos, etc.
Medically screened for obvious injuries-medical treatment given if needed at time of booking
Booked in and advised of their charges and means of release if any.

If unable to secure release they are placed in appropriate facility attire and given the following items:

Starter Hygiene Kit
2 Sheets
Blanket
Pillow
Pillow Case
2 Jumpsuits
Towel
Sneakers (1 pair)

After the initial booking process is completed, the individuals are then classified into one of several classifications. The initial classifications are as follows:

High Risk
Medium Risk
Low Risk

From the above, individuals are placed into the appropriate section.

Telephone Calls

Every section within the facility has access to their own telephone. Phones are not turned on before 9:00 a.m. for security reasons. Shut off time may vary depending on the section individuals are housed in and could be as late as 10:00 p.m. All calls are collect calls only. An individual is only allowed to call seven (7) different phone numbers. The initial numbers entered determine whom that individual can call for the remainder of their stay.

If you do not wish to accept phone calls from an individual at the Barnstable County Correctional Facility, the phone system will prompt you through the process to eliminate any further unwanted calls.

Inmates in our Discipline Unit are only allowed one fifteen-minute phone call per ten days. The phone system will not allow call forwarding or three-way calling.

Inmate Mail

Inmates may write and receive unlimited correspondence. Postage paid envelopes and writing paper are available for inmates to purchase through the Canteen.

Inmates are authorized to receive books (paperback only, no hard covers) and magazines that meet our criteria, only if they are purchased and sent from a publisher. Examples that do not meet our criteria are:

Any sexually explicit material; or any material that may cause sexual arousal or encourage sexual behavior.
Any material that contains instructions for manufacturing explosives, drugs, weapons or other unlawful materials.
Any material that advocates violence or disruption within a facility.
Any material that advocates any racial, religious or national hatred in such a way to create violence in the facility.

Books and magazines or other types of periodicals that are received from any source other than directly from a publisher will be returned to sender.No correspondence will be accepted from any other correctional facility or secure treatment facility.All outgoing mail is stamped as coming from our institution.Outgoing and Incoming mail will be inspected for contraband or security breaches with the exception of legal mail. When necessary, legal mail will be opened in the presence of staff.

Acceptance of Inmate Funds

Inmates are not allowed to have any monies in their possession. Under NO circumstances will an inmate while in court accept any monies from family, friends or attorney.During the booking process, all monies will be deposited in the inmate’s canteen account.Inmate receipt of funds can only take place during regular business hours or through the U.S. Postal Service. The following are the only accepted forms of currency:Postal Money Order, Bank Check, or Cash at the BCCF, no cash through the mail.

Clothing Exchange/Court Clothing

Inmates will be allowed to exchange their clothing received at the time of booking for court clothes only. The exchange process takes place Monday through Friday 8:00 a.m. to 12:00 p.m. only. All exchanges are made item for item.Court clothing should be clean and pressed. Jeans, sneakers, shorts, sweat suits, or flip-flops are not considered acceptable court clothing.

General Rules and Regulations Regarding Visits

A complete listing of rules and regulations can be found posted in the visiting waiting area in the Lobby area of the BCCF. All inmates are required to fill out a Visitor Pre-Approval form during the intake process. This form allows for all inmates to have a maximum of five (5) visitors pre-approved through our Special Operations department to visit within the facility. Any visitor not listed on this form at the time of a visit will not be allowed to visit. If you are visiting the facility for the first time you are required to fill out a Request to Visit Inmate card which can be obtained in the Visiting Lobby of the BCCF.

All visitors shall produce a current photographic I.D. (i.e. State Driver’s License). Exceptions may be made by the Sheriff, Special Sheriff, Superintendent Deputy Superintendent, Assistant Deputy Superintendents or the Director of Security.

Two (2) adults, with one (1) child or one (1) adult with two children may visit an inmate at the same time, provided they register together with the Visit Reception Officer. Persons under eighteen (18) years of age will not be allowed to visit unless they are accompanied by a parent or legal guardian and meet the following provisions:

Proof of the minor’s relationship to the inmate. A birth certificate or adoption papers must be presented at each visit.
In the absence of a parent or legal guardian, a visit for a minor child or sibling may be granted. Minors are allowed to visit their parent, step-parent, grandparent, legal guardian, or sibling. Prior to a visit being granted, an approved permission to visit form, available in the Visits Lobby area, from the parent or legal guardian must be submitted to the Superintendent or his/her designee. The form must specify the child’s name, the person authorized to bring the minor into the facility, the inmate’s name and the signature of the parent or legal guardian submitting the form. The form must be notarized by a Notary Public commissioned by the state of Massachusetts . This notarized letter must be presented by the visitor at each time of visit.

All inmates, male and female, shall be allowed 2 visiting periods, (one hour per visit) plus Thanksgiving and Christmas. A maximum of four visitors may visit per day per inmate, no more than two visits at any one time, in the one hour span.

Visitor Guidelines for the Visiting Room

Disruptive Behavior – Loud or abusive language will not be tolerated
Physical Contact – No physical contact is allowed
Fighting or Disruptive Conduct – Actions which disrupt the visiting room will not be tolerated and will result in the termination of the visit.
Contraband – Nothing shall be passed or given to the inmate by the visitor without permission of the Lobby Officer or his/her designee.
Under the influence – Visitors who appear under the influence of alcohol or drugs will not be allowed to visit.
Children– Visitors shall be responsible for their children at all times.
Dress Code – Any persons wearing inappropriate clothing and/or outfits will not be allowed to visit. The following clothing items are not allowed:
No halter tops
No sleeveless shirts
No spandex
No bare midriff
No suggestive clothing
No bare feet
Visitors must wear undergarments

Any visitor wearing questionable clothing not covered on the above list shall not be allowed into the facility. Also, no inmate shall be allowed to visit unless they are appropriately dressed in the clothing of their unit.

Parker Goes To Jail!

2007-04-27T19:32:00.000-04:00

As I wrote previously Christopher Parker was taken to jail on Friday April 27, 2007 when judge Tobey Mooney revoked Parker's bail. A BIG "Thank You!" to Cape Cod Times reporter George Brennan for posting an article about Parker being sent to the House of Correction so quickly on the Cape Cod Times website. You will find that article in the post before this one (below).

The weather this morning was horrible with wind and torrential rains. The sky was dark grey and fog had settled along the coast as I drove over the Bourne Bridge on my way to the Falmouth District Courthouse. I had been waiting for this day, hoping and even praying that today would find a bit of justice for my mother by having Christopher G. Parker's bail revoked.

If you have been following along on this blog you may have seen that Parker had been arrested yet again on charges of driving under the influence of drugs in October of 2006 in Bourne, MA. The day, March 5, that he allegedly drove his car into the back of my mother's Chevrolet Tracker he was not only out on bail for the Oct offense but was also driving on a revoked and suspended license. His license having been revoked after the Oct. OUI when he was found to be a danger to other drivers by the Registry and then suspended due to an unpaid speeding ticket.

I arrived at the courthouse and met up with George Brennan. Neither of us had seen Parker and it was 9am, the time the court session was slated to start. We checked the trial list and saw Parker's name so we waited for the announcement that would call people to the appropraite courtroom. At about 9:05 we see Parker enter the courthouse alone. He is dressed in a dark suit and tie and wearing a long black trenchcoat. He has a black baseball hat on and is wearing glasses. In his hands he is holding an umbrella and a wooden cane. He looks around and then sits down on one of the benches to await the call. At 9:10am the announcement comes for all adults having business in the trial court to go to the 2nd Session Courtroom. George and I followed Parker up the few stairs and down the hall toward the courtroom, Geoge telling me that it was a small room. He wasn't kidding! I think this courtroom was about the size of my master bedroom. Because it was so small most people stood outside in the narrow hallway. I stood just outside the open door of the courtroom on one side and George stood with his reporter's notepad on the other side of the doorway. As the Judge would call a case the defendants would go into the courtroom and stand in front of the large Judge's desk.

Finally I hear the clerk announce "The Commonwealth vs. Christopher Parker" and I moved to stand in the doorway so that I could see clearly. The clerk swore Parker in (although he didn't say anything) and at that point the Assistant District Attorney Chris Shea stood and said "Your Honor we request that bail be revoked in this matter". He then explained to Judge Tobey Mooney that while Parker was out on bail for this case he drove on a revoked license and has been charged with vehicular homicide in the death of Diane Carhart. I was surprised that they asked for the bail revokation so quickly, but I certainly was pleased! The Judge read briefly through Parker's file, made a comment on the number of his past convictions and charges and then she asked if Parker's Attorney, Arnold Lett, had anything to say. Atty Lett stated that Diane's death had been a tragic accident and involuntary on the part of his client, Parker. He also stated to the Judge that Parker has always appeared in court so he certainly wasn't a flight risk.

I have a problem with both facts that Atty Lett spoke too. First, my mother's death was not an involuntary accident. Parker was driving on a revoked and suspended license. He voluntarily got behind the wheel of that car. If he had been following the law he wouldn't have gotten into that driver's seat on Monday March 5, 2007. Secondly Parker had failed to appear on the date of his last court appointment, April 4, 2007. On that day there was to have been a Magistrate's Hearing at the Barnstable District Courthouse on the charges Parker is facing in Diane's death. Parker had even requested this hearing, but he failed to show up.

I found it interesting that Parker's face turned white when they asked for his bail to be revoked. He actually looked surprised that he might go to jail. He started slowly shaking his head back and forth as if he was saying no. He looked at the floor and then at the judge, then back at the floor. When Atty Lett was finished the Judge stated that Parker was a "danger to the community" and asked one of the two baliffs in the room to take Parker into custody. The baliff took Parker by the arm and left the room walking right past me as I stood there in the doorway. I had to fight the urge not to stick my foot out and trip him as they walked by! I stayed in the doorway watching as A.D.A. Shea and Atty Lett worked out a date for the next pre-trial hearing that they will meet on the Oct. 2006 OUI. That date will be May 18, 2007.

When they were done I left the courtroom and spoke briefly to George Brennan on how we felt to finally have Parker behind bars. Then I jumped into the car to drive home so that I could let everyone in my family know that he was in jail. My brother has been sick with a stomach flu and I hope this news will make him feel a little bit better. As of today Chistopher Parker is going to spend at least the next 60 days at the Barnstable County House of Correction in Bourne, MA and I couldn't be happier.

Repeat OUI driver jailed to protect public

2007-04-27T17:34:00.000-04:00

Repeat OUI driver jailed to protect public

By George Brennan Cape Cod Times
April 27, 2007 11:01 AM
FALMOUTH – Christopher Parker, 50, was taken into custody this morning at Falmouth District Court, the judge calling him a “danger to the community.”

Parker is charged with causing a March 5 accident on Route 130 in Sandwich that killed Forestdale grandmother Diane Carhart, 63.He will be arraigned in Barnstable District Court on vehicular homicide charges May 9.

This morning he appeared in Falmouth District Court for a pre-trial hearing on a charge of operating under the influence of drugs.

If convicted, it would be his fifth offense for driving impaired.

At the time of his arraignment on those charges, Parker was released after posting $1,000 bail. After that charge, his license was revoked by the Registry of Motor Vehicles because he was considered a danger to other drivers.

This morning his bail was revoked yesterday by Judge Tobey Mooney ruling on a prosecution motion.Based on his driving record, which includes four convictions for operating under the influence of alcohol, Mooney said he should be taken into custody for 60 days at the Barnstable County Correctional Facility.

“I would find that (Parker) would present a danger to the community,” Mooney said.

Parker, hobbled by a leg injury that requires use of cane, walked out of the courtroom behind a court officer. The officer asked him if he came to court alone and he nodded yes.

Outside the courtroom, Susan Linhares of Mattapoisett, the daughter of Carhart, expressed relief that Parker was going to jail. “The family feels justice has finally been served,” she said. “We’ve waited almost two months for this. He has proven to be a danger to society, which is why his bail was revoked.”

All defendants offered bail are warned by the judge that being charged with another crime while out on bail could lead to a 60-day sentence in jail.

Arnold Lett, Parker’s attorney, argued against revoking the bail. He said his client shows up for court, which is what bail is supposed to guarantee.“This was an unfortunate accident,” Lett said. “It was not an intentional thing.”

A pre-trial hearing was set for May 18 in this case.
George Brennan can be reached at gbrennan@capecodonline.com.

Christopher G. Parker's Bail Revoked!

2007-04-27T10:43:00.000-04:00

I've been waiting almost 2 months to be able to post this message....

At 9:30am this morning I watched as the judge at the Falmouth District Court approved the A.D.A.'s request to revoke Christopher Parker's bail on his Oct. 2006 Bourne, MA OUI charge. He was then taken into custody by the bailiff and sent directly to jail :-)

I will post more later this afternoon when I have a bit more time.

Understanding the Court Process

2007-04-12T10:45:00.000-04:00

I received a booklet from the Cape and Islands District Attorney's Office that has a guide to understanding the court process. Since a number of us had questions regarding this process I have decided to put the info from the booklet here.

Understanding the Court Process

Victim/Witness Assistants will help guide you through the criminal justice process as the case progresses through the court system. The District Attorney's Office asks for your cooperation and patience during the prosecution stages and will make every attempt to avoid any inconvenience to you.

The following describes various court procedures that may be pertinent to the case.

Complaint - A complaint is a document issued by the Court formally charging a person (the defendant) with having committed a crime. The Complaint is usually issued by the Clerk-Magistrate after a police officer or private citizen completes and swears to an "Application for Complaint," briefly describing the facts of the crime. If the accused person is not already under arrest, the Clerk-Magistrate usually holds a Clerk's Hearing before deciding whether to issue a complaint. At the hearing the person complaining and the person accused tell their versions of what took place, and the clerk decides whether to issue a Complaint. If the Clerk does not issue the Complaint, the complaining person may appeal to a judge to issue the Complaint.

If a Complaint is issued, it is issued on behalf of the Commonwealth; and the District Attorney's Office decides whether or not the case will be prosecuted.

Arraignment - The Arraignment is the first time the defendant appears in court. At that time he is advised by the judge of the charge(s) against him and of the right to have a lawyer. At the Arraignment, the judge determines the conditions under which the defendant will be released until the trail. Since people are presumed to be innocent until proven guilty, the primary purpose of bail is to insure that the defendant will appear in Court on the scheduled date.

Pre-Trial Hearing - At the arraignment, a pre-trial hearing date will be scheduled. At this time, the District Attorney, the Defense Attorney, and the defendant discuss the case to determine if the case will go to trial, or if the defendant will be pleading guilty to the charges. A defendant has the right to offer a guilty plea at any stage of the court proceedings; therefore it is very important that the victims contact the Victim/Witness Office to advise of any concerns they may have.

District Court Trial - For certain crimes, the District Court Judge has the authority to conduct a trail to determine the guilt of the defendant. The defendant has a right to a District Court Trial by a judge or by a jury of six persons/ In court, an Assistant District Attorney will represent the Commonwealth and be in charge of the prosecution of the case. The Assistant District Attorney may want to talk with you at a conference before the trial date or immediately before you testify. At the trial, the Commonwealth must prove (beyond a reasonable doubt) that the defendant is guilty. The defendant does not have to testify. As a witness, your testimony may be necessary to the court in determining if the defendant is guilty or not guilty.

Summons (Subpoena) - A summons is a court order directing you to appear in court at a stated time and place. If you receive a summons you must appear in court. Bring the summons with you when you appear on the required day, and report wither to the Victim/Witness Office or to the District Attorney's Office in the appropriate courthouse.

Probably Cause Hearing - Certain crimes cannot be tried in the District Court. For these crimes the judge may schedule a preliminary hearing in the District Court called a Probable Cause Hearing. At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summonsed (subpoenaed) witnesses to appear at the Probable Cause Hearing.

Grand Jury - A case sent to Superior Court may be presented to a Grand Jury, a group of 23 citizens. The Grand Jury hears evidence presented by an Assistant District Attorney through the questioning of witnesses in a secret session. The defendant is not present at the Grand Jury Hearing. If 13 or more members of the Grand Jury believe a crime was committed by the accused, the accused will be formally charged. The formal charge by the Grand Jury is an Indictment.

Superior Court Trial - Before the Superior Court Trial, the defendant is brought before the judge for arraignment, as in the District Court procedure. In the Superior Court, the defendant has a right to be tried by a jury of 12 persons or by a judge. The judge or jury will then decide whether the defendant is guilty or not guilty. If your testimony is needed during the trial, you will be summonsed to appear.

Sentencing - If the defendant is found not guilty at the trial, he is free to go and may not be tried again for the same offense. If the defendant is found guilty, the judge may choose any of the following sentences:

Imprisonment
Probation
Fine
Restitution

The judge may also decide to continue a case without a finding for a specific period of time.

Continuances - Occasionally, court hearings cannot take place as scheduled and will be postponed. The Victim/Witness Assistance Office will attempt to notify you of a postponement in order that you might avoid an unnecessary trip to court. You can call the office the day before your court appearance to check on postponements.

As a victim or witness, it is very important to keep the Victim/Witness Assistance Office informed of your current address and telephone number (home and/or work) so that we can contact you about your case. If you change your address or telephone number, be sure to let us know.

In the case of the Commonwealth vs. Christopher G. Parker the family and friends of Diane Carhart have been assigned Kathleen Finnegan as Victim/Witness Assistant. You can contact Kathleen at the Barnstable County Victim/Witness Assistance Office, 508-362-8103 (main office).

Revoked and/or Suspended Licenses

2007-04-07T16:18:00.000-04:00

Christopher G. Parker has been charged with driving on a revoked license as one of the offenses in connection to my mother, Diane Carhart's death. I've done a bit of research on the Massachusetts driving laws as they pertain to driving on a revoked or suspended license.

According to the Cape Cod Times (March 14, 2007) in regards to Parker's charges in Bourne, MA in October 2006: "After he was charged in October, state police wrote a letter to the Registry saying Parker posed an ''immediate threat” and his license was revoked. His license was also suspended in December because he failed to pay a speeding ticket issued in 2005, Registry records indicate."

The Massachusetts Registry of Motor Vehicles clarifies the term "immediate threat" as follows:

Immediate threat - If the Registrar determines that allowing you to continue driving poses an immediate threat to public safety, he/she can suspend your learner’s permit or driver’s license immediately. - http://www.mass.gov/rmv/dmanual/chapter2.pdf

Here are a few questions and answers on revocation and suspension from the Findlaw.com website....

Q : What is the difference if the state suspends, cancels, or revokes my license?

A : Suspension involves the temporary withdrawal of your privilege to drive. The state may reinstate that privilege after a designated time period and payment of a fee. You may also restore the privilege by remedying the underlying cause of the suspension, such as buying automobile insurance.

Cancellation involves voluntarily giving up your driving privilege without penalty. Cancellation allows you to reapply for a license immediately.

Revocation aims both to discipline the driver and protect the public. Revocation involuntarily ends your driving privilege. Revocation generally is permanent until you are eligible after a minimum period set by law to apply for a new license. The state may conduct a reinstatement hearing. You may have to retake a driver's license examination.

Q : What are the grounds for license suspension?

A : They vary by state. A local lawyer will be able to give you details about your state laws. Generally, however, a state might provide that three moving violations within one year warrant a three-month suspension. Refusal to submit to a field sobriety or breath testing device test also will result in suspension.

Q : What are the grounds for license revocation?

A : They are based on violating specific laws, such as habitual reckless driving, drunken driving, nonpayment of your motor vehicle excise tax, using a motor vehicle to commit a felony, and fleeing from or eluding the police. Again, they vary by state.

Q : What must the state prove before a court can convict me of driving on a suspended or revoked license?

A : The law varies from one state to another. The state, however, usually has to show that:
the accused's license or privilege to drive was revoked or suspended on the occasion in question; and the accused was driving a motor vehicle on a public highway at the time of the offense.

http://public.findlaw.com/traffic-ticket-violation-law/traffic-ticket-overview/drivers-license-penalties-faq.html

Below is a portion of the Massachusetts General Law as it applies to operating a motor vehicle after suspension or revocation of license. For the full statute click HERE.

PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XIV. PUBLIC WAYS AND WORKS

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 23. Operation of motor vehicle after suspension or revocation of license; concealment of identity of motor vehicle

Section 23. Any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate,......shall, except as provided by section twenty-eight of chapter two hundred and sixty-six, be punished for a first offence by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, and for any subsequent offence by imprisonment for not less than sixty days nor more than one year,.....

Any person convicted of operating a motor vehicle after his license to operate has been revoked by reason of his having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both.

Any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section twenty-four, or pursuant to section twenty-four D, twenty-four E, twenty-four G, twenty-four L, or twenty-four N of this chapter, or pursuant to subsection (a) of section eight, or pursuant to a violation of section eight A or section eight B of chapter ninety B, or pursuant to a violation of section 8, 9 or 11 of chapter ninety F, or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than one thousand nor more than ten thousand dollars and by imprisonment in a house of correction for not less than sixty days and not more than two and one-half years; provided, however, that the sentence of imprisonment imposed upon such person shall not be reduced to less than sixty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served sixty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

Whoever operates a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24, sections 24G or 24L, subsection (a) of section 8 of chapter 90B, sections 8A or 8B of chapter 90B or section 13 1/2 of chapter 265, while his license or right to operate has been suspended or revoked, or after notice of such suspension or revocation of his right to operate a motor vehicle has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate, pursuant to paragraph (a) of subdivision (1) of section 24, sections 24G or 24L, subsection (a) of section 8 of chapter 90B, sections 8A or 8B of chapter 90B or section 13 1/2 of chapter 265 shall be punished by a fine of not less than $2,500 nor more than $10,000 and by imprisonment in a house of correction for a mandatory period of not less than 1 year and not more than 2 1/2 years, with said sentence to be served consecutively to and not concurrent with any other sentence or penalty. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 1 year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

A certificate of the registrar or his authorized agent that a license or right to operate motor vehicles or a certificate of registration of a motor vehicle has not been restored or that the registrar has not issued a new license so to operate to the defendant or a new certificate of registration for a motor vehicle the registration whereof has been revoked, shall be admissible as evidence in any court of the commonwealth to prove the facts certified to therein, in any prosecution hereunder wherein such facts are material. A certificate of a clerk of court that a person's license or right to operate a motor vehicle was suspended for a specified period shall be admissible as prima facie evidence in any court of the commonwealth to prove the facts certified to therein in any prosecution commenced under this section.

Upon a conviction of operating after suspension or revocation of license or right to operate under the first paragraph, the registrar shall extend said suspension or revocation for an additional sixty days. Upon a conviction of operating after suspension or revocation of license or right to operate under the second paragraph, the registrar shall extend said suspension or revocation for an additional year.

If a person operating a motor vehicle after suspension or revocation of a license to operate or the right to operate a motor vehicle under the first or second paragraphs of this section, is found by the registrar to have operated a vehicle registered to another in violation of said suspension or revocation, the registrar shall, after hearing, revoke the certificate of registration of said motor vehicle for up to thirty days. Pursuant to said hearing, the certificate of registration and the number plates shall be immediately surrendered to the registrar.

For more info on revocation or suspension please see the Massachusetts Motor Vehicle Laws.

Brief Cape Cod Times Article

2007-04-06T09:54:00.000-04:00

The following apears in today's Cape Cod Times under the "Cape News in Brief" section.

CAPE COD TIMES - A criminal complaint has been issued against Christopher Parker, 50, the Forestdale man accused of setting off a three-car crash one month ago that killed Diane Carhart, 63, in Sandwich.

Parker will be summonsed for arraignment May 9. He is charged with vehicular homicide and driving with a revoked license.

Parker, who has four convictions for operating under the influence, had requested a clerk-magistrate's hearing, but failed to show up for it Wednesday. His license was revoked after he was arrested last October on a charge of driving under the influence of drugs. That case is still pending in Falmouth District Court. - GEORGE BRENNAN

Criminal Complaint Issued - Arraignment Date Set for Christopher G. Parker

2007-04-05T14:44:00.000-04:00

I was just notified by the Barnstable DA's office that a criminal complaint has been issued in the death of my mother Diane Carhart and that the date of May 9, 2007 at 9:00am has been set for Christopher G. Parker to appear before the judge for arraignment on charges for vehicular homicide and driving on a revoked license.

While the Magistrate Hearing that Parker requested, and didn't show up at, is normally held privately in the Clerk Magistrate's office...on May 9th Parker will appear in the First Session Courtroom before the presiding Judge in a public setting.

If you would like to join us at the courthouse on May 9th please let me know. Directions and information regarding the Barnstable District Courthouse can be found HERE.

Man accused in fatal crash misses hearing

2007-04-05T10:22:00.000-04:00

Man accused in fatal crash misses hearing

By George Brennan Staff Writer Cape Cod Times

BARNSTABLE - Christopher Parker, the man accused of vehicular homicide in a Sandwich crash that killed a Forestdale grandmother, failed to appear yesterday for a show-cause hearing he requested.

Barnstable District Court Clerk Magistrate Robert Powers will now decide whether to issue a criminal complaint against Parker. If he does, Parker will be scheduled for arraignment.
Powers did not return several messages left at his office yesterday.

Parker, 50, was cited in connection with a three-car crash on Route 130 last month that caused the death of Diane Carhart, 63.

''The family is frustrated that this process is taking so long,” said Susan Linhares, Carhart's daughter.

Linhares, who lives in Mattapoisett, waited with police and prosecutors for more than an hour for Parker to appear, even though she would have been forced to wait in the court's lobby during the hearing. Because Parker was cited instead of arrested, he had the right to request the magistrate's hearing within four days of the citation being issued. He exercised that right, but failed to appear.

The person who answered the phone at Parker's Forestdale home yesterday hung up when a reporter identified himself.

At the time of the crash, Parker was driving with a revoked license. His record is filled with driving infractions that include four convictions for operating under the influence of alcohol dating back to 1982.
George Brennan can be reached at gbrennan @capecodonline.com.
(Published: April 5, 2007)

Clerk magistrate's hearing normally closed to public

2007-04-05T10:05:00.000-04:00

The article below appears in today's Cape Cod Times. As I have stated previously it should be noted that in spite of the public records laws afforded us by the first ammendment Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results of these closed hearings are only known if the magistrate decides to file charges, and then only through court records.

Clerk magistrate's hearing normally closed to public

By Hilary Russ Cape Cod Times Staff Writer
BARNSTABLE - Despite a reporter's request to attend a hearing in a high-profile case, the proceeding went ahead behind closed doors yesterday in the criminal case against Christopher Parker, the man accused of causing a three-car accident that killed a Forestdale woman last month.

Several days after the crash that killed 63-year-old Diane Carhart, Parker was cited for vehicular homicide. Yesterday's hearing was supposed to lay out the facts of the case before Barnstable District Court Clerk Magistrate Robert Powers, who will decide whether the charge can go forward to trial proceedings.

The ''show-cause” or ''clerk-magistrate's” hearing, which is held in cases in which a defendant is summonsed or cited with a crime but not arrested, is normally not open to the public. So yesterday's decision to hold Parker's hearing behind closed doors hardly came as a shock to Cape Cod Times editor Paul Pronovost.

''We're disappointed that the clerk magistrate denied our access to these hearings, but we're not surprised,” he said.

State judicial guidelines suggest such proceedings should be ''presumptively” closed to the public, not restricted in all cases, according to District Court Standards of Judicial Practice, or so-called Complaint Standards, which were cited in a decision last week by the Supreme Judicial Court.

In the SJC case, The Eagle-Tribune sought access to a clerk magistrate's hearing after an underage woman was stabbed at a Lawrence nightclub. She had allegedly been served alcohol at the club, and the newspaper tried to get into the hearing about criminal charges against the nightclub's corporate owner.

Writing for the SJC, Associate Justice Judith Cowin said The Eagle-Tribune had no First Amendment right of public access to the proceeding. She likened such hearings to grand jury proceedings, which precede the filing of criminal charges, are more informal than other types of court proceedings, and have not traditionally been open to the public.

But Cowin did hint that there could be other grounds for admittance.

''There may be circumstances in which an open hearing is appropriate,” she wrote.

Citing case law, Cowin wrote ''transparency that open proceedings afford may be especially important if a well-publicized show cause hearing results in a decision not to bring criminal charges. ... In such cases, the public may question whether justice has been done behind the closed doors of the hearing room.”

By emphasizing language in the Complaint Standards, ''the SJC has given the media some ammunition going forward in trying to gain access to these hearings,” said Kimberley Keyes, an attorney at Prince, Lobel, Glovsky & Tye in Boston. The firm provides legal counsel for the New England Press Association.

Pronovost said the Times does not intend to appeal Powers' decision to a single justice of the SJC.

Susan Linhares, Carhart's daughter, said she finds the process of clerk magistrate hearings frustrating.

''It seems as though they're trying to be secretive by holding them behind closed doors,” she said. ''I'm sure that's not what they're intending, but that's the appearance.”

Staff writer George Brennan contributed to this report. Hilary Russ can be reached at hruss@capecodonline.com.

(Published: April 5, 2007)

Christopher G. Parker - A No-Show at Magistrate Hearing!

2007-04-04T16:48:00.000-04:00

Today at 2pm Christopher G. Parker was supposed to appear at a Magistrate Hearing at the Barnstable District Courthouse. This Magistrate Hearing had been requested by Parker when he had been served with the criminal citation which charged him with homicide by motor vehicle due to negligence as well as driving under a revoked license. Had Parker not requested the Magistrate Hearing within four days a complaint would have been issued ordering him to appear in court. His requesting the hearing and then not showing up seems to me only to be a delay tactic.

It was nice to see Mom's neighbor Nancy and reporter George Brennan in the courthouse when I arrived. I was also greated by A.D.A. Bryan Shea and Kathleen Finnegan who has been assigned as "our" victim witness advisor. Waiting for Parker to appear were also two of the Sandwich Police Officers who were working the case as well as the Sandwich Police Chief.

So what happens now? I asked that question and was told a complaint would now be issued for Parker to appear in court. The complaint has to be served to Parker so that takes a few days. On the date that Parker is given to appear he will be arraigned and read the charges against him. I will be notified of the date for Parker's next appearence at the Barnstable District Courthouse and will post it here. I have been told the date could be two to four weeks from today, depending on the case load at the courthouse. Look for it listed in the Important Dates section at left.

When asked how I feel about Parker not appearing today one word came to mind...frustrated! Tommorrow will be one month since my Mom was killed and yet the man who is being charged has not yet appeared in court. It is frustrating that he has more rights than my Mom, Diane Carhart, who never had received even a speeding ticket.

Magistrate Hearing Today!

2007-04-04T10:37:00.000-04:00

Well it has taken one day shy of a month to get Christopher G. Parker into court in regards to my mother's death, but today is the day!

Parker has requested a magistrate hearing and it will be held at 2pm in the Barnstable District Courthouse, 3231 Main St Barnstable, MA. Anyone who would like to join us at the courthouse today is welcome. Directions can be found HERE.

I am hoping that he will not have the charges dismissed, but that is a possiblility. Not that there isn't sufficient evidence, but that the magistrate can do whatever he/she wants. The Assistant District Attorney told me that they can never be 100% positive that a case will not be dismissed. I am also hoping that Parker will have his prior bail (from the Oct 2006 charges) revoked and be finally put behind bars...something that should have happened at the scene of the crash or at the hospital as far as I'm concerned.

Check back later today for an update.

Another Vehicular Homicide Case in Barnstable County

2007-03-30T14:31:00.000-04:00

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

2007-03-29T13:34:00.000-04:00

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

2007-03-28T22:06:00.000-04:00

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

2007-03-26T23:58:00.000-04:00

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

2007-03-25T11:44:00.000-04:00

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

2007-03-24T09:57:00.000-04:00

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.

2007-03-23T18:59:00.000-04:00

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

2007-03-22T13:56:00.000-04:00

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.

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

2007-03-22T10:02:00.000-04:00

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

2007-03-21T09:44:00.001-04:00

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

2007-03-20T10:51:00.000-04:00

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

2007-03-16T19:58:00.000-04:00

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!

2007-03-16T02:02:00.000-04:00

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

2007-03-15T17:38:00.000-04:00

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

2007-03-14T09:37:00.000-04:00

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

2007-03-13T17:56:00.000-04:00

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

2007-03-12T22:04:00.000-04:00

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!

2007-03-12T18:18:00.000-04:00

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

2007-03-12T14:59:00.000-04:00

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

Eulogy of the Life of Diane Carhart

2007-03-11T20:49:00.004-04:00

During my Mother's church service I was asked to give a eulogy, incorprating a portion of an autobiography that she had written in 1987. I gladly accepted, even though this was the toughest speech I have ever given. I have been asked by several people to publish what I wrote here.

During her funeral, when it was time, I stood before the packed Church and began...

Eulogy of the Life of Diane "Dee" Louise (Kelsey) Everett Carhart

by Susan Lynn Everett Linhares with portions of an Autobiography written by Diane

On behalf of my brother Johnny and myself I would like to start by saying ”Thank you for coming to this celebration of the life of my Mom Diane Carhart“ for that is what this is, a celebration to the fact that we were able to know my Mom. We know our Mother would be overwhelmed and a bit embarrassed by the outpouring of sympathy and love that has surrounded our family these last few days, but we also know that having all of you here with us today would have made her very happy and we know she is watching us right now.

Well, what can we say about our Mom…Both my brother and I think everyone here has a story of how she has touched their heart. You have heard of or experienced her generosity and friendship so instead of listing all her accomplishments we thought that I would read a few parts of an autobiography my mother wrote in 1987. So here in her own words, I will speak for my Mom…….

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. Up until I was 13 years old I only had 1 brother, Philip Hamiln Kelsey, Jr. - he was 3 years younger then I was.

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 also would be fairly strict because one of the main jobs you do as a parent is teach responsibility.

I always enjoyed elementary school - art, music and science were my favorite subjects. At this time I also enjoyed taking dance lessons. When I was 12 years old we moved to Dartmouth, Mass. I was the new kid in school. I found this a very difficult time. We moved again the next year so I went to the 9th grade in Mattapoisett, Mass. We remained in that area until I finished High School. Those years were kind of trying because at the end of the 9th grade I fell off a horse and was seriously injured. It took time but I was soon back to normal. It was at this time that my parents has another baby boy, Robert Allen Kelsey. My third brother, Gregory Ellis Kelsey was born when I was 22 and already had two children of my own.

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. I was baptized an Episcopalian and attended Sunday School and church while was growing up.

During my teenage years I was a happy teenager. My family and friends were reasons to be very happy. Dating did pose a slight problem as my parents did not want me getting serious about any boy while I was so young. 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. A change in his job required that he move to Maryland. He commuted between Maryland and Massachusetts for months. Mon - Fri in Maryland, Sat and Sun in Mass. We decided that because of our love for each other and wanting to be together every day it was time to get married. We has a small wedding of 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. My husband owns a drywall business and of course is interested in many business projects and attends associated Builders and Contractors meetings. 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.

Between us we have 6 children - 4 girls and 2 boys. I have 1 girl, Susan who lives in Massachusetts. She is a tall dark haired woman. She will be getting married in 1989. She is a friendly outgoing individual. My son John lives in Massachusetts and is a mechanic/carpenter for a boat company. He loves automobiles and repairing them. My husband Lloyd has 3 daughters - Patricia is a college graduate who is interested in acting and the theater. She resides in Massachusetts. Laura is soon to graduate with a degree is Sociology. Virginia who is entering college next fall along with Laura are also residents of Mass. Lloyd also has 1 boy, Robert. Who lives in Arnold, Maryland and is an apprentice for a heating and air conditioning company in Annapolis.

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. My outside interests are being a member of the Foster Care Review Board and taking boating courses. In the past I’ve taken and completed courses in C.P.R., basic first aid, and passed the test to become and Emergency Medical Technician (E.M.T.). My husband and I have taken courses given by the Coast Guard on boating safety. Our recreational pursuits are boating, learning about the area we live in and travel.

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 son was my biggest disappointment - his life was so 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. Religion has been and is very important to me, although I don’t believe you have to go to church every week to be a good person.

In the years that followed 1987 my mother and Lloyd eventually moved to their house in Forestdale. I was working at Plimoth Plantation at the time and she frequently came to visit. One day I mentioned that she might as well get a job there since she was spending so much time visiting and within a week she surprised me when I saw her in the gift shop working at her new job! She just loved surprising people. She also loved her job at the Plantation, and even loved the days when busloads of school children would descend on the children’s gift shop, even though they can be very tiring. A story that I have told a few of you again comes to mind; My Mom used to have a jar that she would put her change into. Younger children would come into the gift shop at the end of their field trip to the Plantation and carefully count out their wadded up dollars and spare change to the penny in order to purchase a post card, toy, or souvenir. Because they were younger sometimes they would forget that tax is added to the total. My mother would pay the tax for them from her change jar so that they wouldn’t be disappointed.

This past summer I was diagnosed with a Meningioma, a benign but growing brain tumor, behind my left eye. My Mother rearranged her work schedule and sacrificed a lot in order to take me to the round of Drs appointments in Boston that followed. There were several times during the last 6 months when I wondered why I had that stupid tumor. Well I now know “why”. Having that tumor and resulting surgery allowed me, my Mother, and my Grandmother to spend about 6 weeks together since I stayed at my Mom’s house after being released from the hospital. My Grandmother stayed also so that I wouldn’t be alone when my Mom went back to work. We would spend just about each morning the same way, going to Dunkin Donuts and then bringing our donuts and coffee down to the Canal in Sandwich to watch the boats, birds, and people. We also drove around the Cape to places where she had grown up or we had lived. If not for that stupid brain tumor I would not have had those wonderful memories, so maybe it wasn’t so stupid after all.

My brother Johnny, sister-in-law Jen and nephews Steven and Sean were also fortunate to be able to spend some special time with our Mom recently. Not only were they able to travel back to Massachusetts from their home in Arizona for Christmas, two weeks ago Mom flew west and spent a week with Johnny and his family. My brother had just injured his hand at work and because of that he was able to spend even more time with her then he would have since he was out of work due to the injury. My Mom was so happy to show us the photos from her trip when we gathered for my Grandmother’s 87th birthday party the day before this tragedy. We were all blessed to have wonderful memories with my Mom, especially since they are so fresh in our minds. Hug those around you each and every day. Never neglect to show and tell them of your love. Each day is a precious gift.

While trying to make sense of this tragedy my step-sister Pat, Lloyd’s daughter, seemed to sum it all up and I hope she isn’t embarrassed that I am borrowing her words. Simply put, “my Stepfather Lloyd, who passed away just a year ago couldn’t stand to be without Diane”.

Three days ago I received a letter from one of my best childhood friends, John Aston. His parents, Chuck and Cindy Aston and sister Kirsten were good friends with my parents and brother Johnny. Once a month or so our two families would get together at alternating houses for the weekend. At the close of John’s letter he wrote something that we would like to borrow as we feel it is very fitting for all of us here to remember. “All of us, your mother, you, possibly even me, have touched the people around us. Though often in ways we don’t even know. We are all memorable and will be around forever“, in the hearts of family and friends.

Thank you

Letter To Massachusetts Governor Devol Patrick

2007-03-11T14:17:00.000-04:00

Tonight I sent the following letter to Governor Deval Patrick, the Massachusetts Attorney General, the Mass. Secretary of State, and our Mass State and Federal Senators, Representatives, and Congressmen. If you would also like to write to Governor Patrick a list of contact information can be found here: Mass.gov.

Dear Governor Patrick,

I am writing to you today in regard to our state's Driving While Impaired laws. On Monday, March 5, 2007 my mother, Diane Carhart, was killed in an auto accident on Rt 130 in Sandwich. As we attended my mother's funeral today the man who hit her was charged with Vehicular Homicide . After the funeral it was revealed to me that this man, Christopher Parker of 20 Jody Lane, Forestdale, has a record that includes four driving while impaired charges. He also will be appearing in Falmouth District court on this coming Tuesday, March 13 on charges of operating under the influence of drugs in Bourne last October.

My mother was just 2 miles from her home in Forestdale, waiting to make a left turn into Tradewinds Plaza on Rt 130 when she was hit from behind by Mr. Parker who was driving at a very fast rate of speed. The resulting crash pushed her car into oncoming traffic where she was broadsided by an NStar pickup truck. Mr Parker's borrowed Honda Accord left no brake marks until after it was stuffed under my mother's Chevrolet Tracker. After being hit by the oncoming truck the Accord seperated from my mother's Tracker and then traveled 400 feet before coming to a rest. The driver of the NStar truck, Francine Abbott a 48 year old woman, suffered a broken pelvis and had both of her legs broken I am told. She had no chance to stop or avoid the accident according to the police. Mr Parker suffered a concussion and was treated and released.

Why was he allowed to be on the road? How can this kind of tragedy happen when this man has been convicted four times already, according to the Cape Cod Times, and yet he is not in jail at this moment? I was told he would recieve a summons to appear in court and that is also stated in the Times. This just doesn't seem right to me. My mother supported you in your campaign to become Governor because she was hoping for a fresh change for Massachusetts. Please do not let her down and allow this man to remain on the street putting other lives in jeopardy. Please look into and tighten the current Driving While Impaired laws as soon as you possibly can. I am at a loss as to why this man wasn't already in jail.

Sincerely,
Susan Linhares

Fatal Crash Draws Homicide Charge

2007-03-10T19:10:00.000-05:00

The police have charged the "man" (I'm being generous) with Vehicular Homicide today. Below is the article from the Cape Cod Times. Why is this person still on the street and not in jail!!??!!

Fatal crash draws homicide charge

By GEORGE BRENNAN STAFF WRITER SANDWICH - Christopher Parker, whose record includes five driving while impaired charges, will now face a vehicular homicide charge in connection with the death of a Forestdale woman Monday.Police believe it was negligence on the part of Parker, 50, that set off Monday's three-car crash on Route 130 that killed Diane Carhart, 63.

Parker, who lives on Jody Lane just two miles from where Carhart lived, was charged with operating under the influence of drugs in Bourne last October. According to court records, Parker was driving erratically at the Sagamore Bridge before a state trooper pulled him over. He allegedly told the trooper that he was on methadone and Ativan, a sedative, according to the report. He said he was using the drugs because he had recently undergone knee surgery.Parker was also charged with driving erratically and a marked lanes violation. His license was revoked by the Registry of Motor Vehicles after that arrest.

''I received information from the Registry that it was valid again,'' Parker said yesterday in a brief telephone interview.

Carhart, a mother and grandmother, was stopped waiting to make a left turn into Trade Winds Plaza at 11:30 a.m. Monday when her Chevrolet Tracker was rammed from behind by Parker's Toyota Camry, police said. The impact sent her car spinning into the path of an oncoming NStar pickup truck.

The pickup's driver, Francine Abbott, 48, had no chance of stopping before she slammed into the passenger side of Carhart's Tracker, police said. Carhart was pronounced dead at Falmouth Hospital.

Asked what went wrong Monday, Parker said, ''It's an investigation. I don't want to be on the record.'' He referred all other questions to his attorney but declined to say who represents him. ''Go to the hearing and find out.''

No date has been set for his arraignment. He will be summonsed to court, police said.Meanwhile, Parker is due back in Falmouth District Court Tuesday for a hearing on the Bourne arrest.Parker has not been charged with operating under the influence in Monday's crash. Sandwich Police Chief Michael J. Miller said the investigation continues and there could be additional charges filed.

Meanwhile, family and friends are gathering this morning at the First Congregational Church in Fairhaven to mourn Carhart's death.Her husband, Lloyd, died one year ago. Carhart is survived by two children, four stepchildren and three grandchildren.George Brennan can be reached at gbrennan@capecodonline.com.(Published: March 10, 2007)

Funeral Information and Update

2007-03-08T23:14:00.000-05:00

Thanks so much to everyone who has sent a message, your support at this horrible time makes it a slight bit easier. Here is the Funeral Information for My Mom.

Visiting Hours:
Friday March 9, 2007 3pm to 7pm
Fairhaven Funeral Home
117 Main St.
Fairhaven, MA 02719
Handicapped parking in the rear, all other parking across the street in funeral home parking lot.

Funeral:
Saturday March 10, 2007 10:00 am
First Congregational Church of Fairhaven
34 Center St. (corner of William St & Center St)
Fairhaven, MA 02719
Parking along the street

In lieu of flowers we are asking for donations to:

* American Lung Association of South Eastern MA
1 Abbey Lane,
Middleboro, MA, 02346

* The Brain Injury Association of America
8201 Greensboro Dr
Suite 611,
McLean, VA 22102

* The American Red Cross
1160 Rockdale Ave.
New Bedford, MA 02740

* A Sponsored Internship at Plimoth Plantaion in my Mother's name. I am handling the Plantation donations so contact me personally (click on "About Me"at right).

There will be charges of vehicular manslaughter filed within the next day or so against Christopher G Parker of 20 Jody Lane in Forestdale, MA who was born January13, 1957. This 50 year old man has been sited for speeding in the past. He never put on his brakes and hit her at a high rate of speed. My mother was waiting to turn left into Tradewinds Plaza and when he hit her it forced his Toyota Camry into and then under her rear bumper. Only after the point of impact are there skid marks and then it is a set of 6; his four times and my Mom's two front tires. The two cars slid together into the oncoming traffic where my mother was struck in the right front by an NStar (Electric Co) pick up truck. I've been told that the woman in the NStar truck has a broken pelvis and both legs. I hope she is able to recover from her injuries. All new cars have "black boxes" similar to an airplane that record speed and braking on a 30 minute loop. So the Police will have no problem at all know how fast the vehicles were going. Christopher G. Parker ended up with a slight concussion and was treated and released. I hope he lives a long time haunted by the fact that he recklessly killed my mother for the rest of his life and hopefully that time will be spent behind bars! Of course it probably wouldn't bother someone like him. I left a message for the woman with the police wishing her well and a speedy recovery. The Police have been to the accident scene each day since and today my brother met them there and they had brought in a reconstruction specialist. I've never seen police so angry and they have all been so kind. They won't tell me the reason for the charges yet but some day soon, after they have a meeting with the District Atty, Ass't DA, Specialists and a number of the Police tomorrow they will release the accident report to us to have our questions answered. My Uncle/Godfather is the executor of the will and he has set up a meeting with an Attorney for me, my brother and the estate. If there is a criminal trial (or civil) I will try to be there each and every day in support of my Mom.

I've been running ragged and am starting to loose it but all I have to do is remember that I'm doing this for my Mom and it helps to pick me back up again. I can't wait for my husband Frank to finally get back from the run he is on now (he is a trucker). I spoke to him earlier and he was in Buffalo, NY and heading home :-) He should be here around 4am.

Tomorrow and Saturday are both days that I don't look forward to. I know it will really hit home that she is gone then. I will be standing up and giving a speech about my mother for my brother and grandmother. I will post it here afterward. You can read through the blog I made when I had to undergo surgery last summer and see how much my Mom means to me, we did so many things together. I used to wonder why I had this stupid tumor behind my eye. But now I know why. I had this stupid meningioma to allow me to spend a number of weeks with my Mom and my Grandmother after my surgery. Maybe that tumor wasn't so stupid after all.....Sue

In Loving Memory

2007-03-06T01:41:00.000-05:00

It is all so surreal. Today, on Rt 130 in Forestdale, MA, 2 miles from her house, my mother was rear-ended and her car was then sent into oncoming traffic where she was hit head on by a utility truck, dying instantly. I had spoken to her on her cell phone as she was getting in her car...we hung up and she was gone 5 minutes later.......

I'm not sure exactly what happened, other than what I wrote above, but the police tell me that it was definitely not her fault and that there will be criminal charges filed, although they could not tell me what kind at this time. If you google the Cape Cod Times you will see an article. Tomorrow I meet to make the funeral arrangements, which I promise to post here for anyone who is interested.

Diane "Dee" Louise Kelsey (Everett) Carhart
10/28/43 - 3/5/07