Magistrate Hearings

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

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

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

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

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

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

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

Sue

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

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

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

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

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

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

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

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

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

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

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

Source: Registry of Motor Vehicles

The Media and Christopher G. Parker

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

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


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

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

Media Stories Regarding Diane's Tragic Death

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

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

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

Sue

Thank you!

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

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

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

Sue

In Loving Memory

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