Parker's Arraignment in Barnstable District Court

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Arraignment Tomorrow - Finally

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

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

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

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

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

Barnstable County House of Correction

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:

1. Searched
2. All property taken-logged and bagged
3. Processed through the identification-fingerprints, photos, etc.
4. Medically screened for obvious injuries-medical treatment given if needed at time of booking
5. 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.

Understanding the Court Process

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

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.

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

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.