Worcester Voice
May 9, 2008
http://worcestervoice.com/judgedavidricciardione.htm#notcoprulingmay9
[with link to Judge Ricciardone's decision]
Justice is dead in Worcester.
Today in Worcester District Court Judge David Ricciardone issued his ruling in which he states, "I do not find the opinion of the Commonwealths expert to be persuasive, I conclude the Commonwealth has not meet its burden of proving that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and whether he as a rational as well as factual understanding of the proceeding against him".
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Accordingly, I rule that the defendant is not competent to stand trial on these matters.
Judge Ricciardone 's ruling today is in complete contradiction to his decision of Defendant's Motion at the close of the Commonwealth's Evidence on Competency, dated February 29, 2008. Judge Ricciardione 's decision that day states, "I will view the evidence thus far presented in a light most favorable to the government. I concluded the evidence would support a finding of competency".
One could ask what changed between the testimony of Dr. Malcom Rogers, an expert doctor which resulted in the February 29, 2008 decision and the testimony of the defendant's brother and Constance Plank a CNA, who under cross examination could not even properly name her employer.
Yesterday at the close of business in the clerk's office of the Worcester District Court, Judge Ricciardone 's ruling was not available.
The ruling was located in the judges lobby early this morning previous to first call.
Eluding the process of a trial by judicial control is not a reflection of innocence. John J. Szantyr still remains criminally charged with the sexual assault of two minor alter boys from Our Lady of Czestochowa Parish on Ward Street in Worcester, involving four counts of indecent assault and battery on a person under 14.
Present in the courtroom today and chumming around with Defense Attorney, Edward P. Ryan, of Fitchburg, was Attorney James G. Reardon Jr., legal representative of Roman Catholic Dioceses of Worcester. This was attorney Reardon's first appearance to any Worcester hearing regarding John J. Szantyr.
In usual fashion, Assistant District Attorney, Joseph J. Reilly III, was nowhere to be found when the Szantyr case was called. Judge Ricciardone sent Defense Attorney Ryan off to locate ADA Reilly.
ADA Joseph Reilly was located in the hallway, by Defense Attorney Ryan, who on the spot informed ADA Joseph Reilly of the incompetent decision, while walking into the courtroom.
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ADA Joseph Reilly stood before Judge Ricciardone unprepared as Attorney Edward Ryan moved to have the case dismissed. The case is set for status conference on July 28, 2008.
Issues related to actions of the Commonwealth have been abundant since the assurance by newly elected Worcester District Attorney Joseph Early Jr., that this case would go to trial in September of 2007.
After waiting since April 2007, for Dr Malcom Roger's evaluation report, when the August 20, 2007, court date arrived, ADA Joseph Reilly could not locate Dr Malcom Roger's report relative to competency of John J. Szantyr in court causing yet an additional additional court date.
Numerous statements were given to the Massachusetts State Police, C-Pac unit, assigned to Worcester District Attorney Early, which began in September 2007 by individuals from two different states who witnessed John Szanty in public. Two individuals witnessed John Szantyr physically active only months before the September 2006 court ruling. Another person from a different state witnessed John Szantyr engaging in walking, eating, and talking within a month of the September 2006 ruling. Yet others were witness to John Szantyr's actions in the Massachusetts Turnpike rest stop immediately after the September 2006 hearing. All these individuals who did not know each other previous to their discovery of the competency issues concerning John Szantyr, were denied the ability to testify, based on a January 8. 2008 ruling, which was issued by Judge Riccardione. This ruling clearly contained misrepresentations of witness statements which appear to be copied by Judge Ricciardone from the defense's filed motion of opposition rather than from the witness statements themselves.
Judge Ricciardone stated the reason he denied their testimony was because he believed their testimony was dated. If District Attorney Joseph Early's Office had taken action in April of 2007, when first brought to their attention, the information would have been timely.
Judge Ricciardione placed weight on the medical positions by other treating physicals involved in the 2006 competency hearing That medical material was as dated or past dated the civilian eye witness who gave statements involving their interaction with John J. Szantyr and were denied the ability to testify.
During the John Conte administration ADA Joseph Reilly was called within a hour of the September 2006 Massachusetts Turnpike observation of walking talking and eating of John Szantyr. ADA Joseph Reilly never returned the call or sought to obtain the photos or relative information.
Also ADA Reilly was contacted by two woman from CT a few weeks after the rest stop observation and informed John Szantyr was walking, talking, eating and acting like a normal individual of his age. ADA Joseph Reilly never returned that call either.
It took DA Early's Office from August 2007 to February 28, 2008 to obtain an actual competency hearing.
At the beginning of the February 28th hearing, Judge Ricciardone stated he still had not seen the evaluation report by Dr. Malcolm Rogers, which was logged into the court docket on August 21, 2007. Again, this report could not be located by Judge Ricciardone, and it was finally supplied to the Judge by ADA Joseph Reilly during the hearing.
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Defense Attorney Ryan was able to get his civilian witnesses to testify, after Judge Ricciardone denied the testimony of the Commonwealth's civilian witnesses. ADA Joseph Reilly failed to file any legal appeal regarding the allowance of defense civil witnesses.
No doubt the most visible failure by the Joseph Early's Worcester District Attorney's Office was their failure to see John Szanty's competency evaluation was video recorded.
Failure to require the recording of the competency interview can only be viewed as gross negligence.
Judge Ricciardone wrote "Doctor Rogers also attribute certain phrases to the defendant which may have actually been inserted by the doctor (as is evident when he states that the defendant used the term "diocese of Waterbury" which is non-existent). I note that this could have been rectified through the use of a simple video and /or audio recording which would have the added benefit of allowing the trier of fact a first-hand review of the defendant's manner of expressing himself and his demeanor in general. Lacking a verbatim recoding, such important details are now called into question".
However when Paul Szanty testified, he could not recall or accurately describe numerous situations asked of him regarding the life of his brother John J. Szantry.
Judge Ricciardone visibly overlooked the fact ninety - five (95% ) percent of all disclosures by John Szantry to Dr Malcom Rogers were confirmed indeed accurate by Paul Szantyr.
Since the onset of the case being assigned to Judge Ricciardone in April 2007, it appears Judge Ricciardone has made every ruling judicially determined to assist the defense.
Today a letter was sent to Worcester District Attorney, Joseph Early Jr., to immediately initiate the process to appeal Judge Ricciardone 's ruling.
A complaint has already been filed January 11, 2008 with the Massachusetts Office of Attorney General Martha Coackley. The complainant started with the filing forty pages of testimony with Lt. Dennis Brooks, of the Massachusetts State Police. The complaint was assigned to an attorney, in the criminal prosecution division.
Back door deals for justice within Worcester County must not be allowed to continue. Joseph Early Jr., ran on a platform of reform and justice yet, neither has been accomplished as of this time in his administration.
This ruling is a disgrace to every law abiding citizen within Worcester County. All avenues of complaint will be explored to seek justice and to hold those legally responsible for today's travesty.
Note to historians, 2008 justice still for sale in Worcester County.
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