Appeals

The appeals process is just another political tool in the Conte grab bag. He uses his knowledge of the legal system to drive the costs up and up to anyone who dares appeal a conviction. Instead of taking an honest look at new evidence in the spirit of seeking the truth, something DAs of good will across the country to every day, he seeks to punish anyone who questions him. Even when Mr. Conte loses, as in the Garcia case, he’ll force a defendant and his supporters to dig deep into their pockets to fight for their rights. So much for equal protection under the law. The office of district attorney should be a position of trust. Not an opportunity to wield raw power.

April 21, 2006

Court upholds ruling overturning conviction of alleged child molester

LEOMINSTER -- A state appeals court upheld a previous decision to overturn a local man's conviction for allegedly molesting three children at a local daycare center, saying his attorney did not provide an effective defense.

A jury convicted Frank Garcia Jr. in 2004 of molesting three boys at Piccolo Mondo Child Care in Leominster in 2002.

District Court Judge Michael J. Brooks overturned the conviction in December 2004, citing Fitchburg attorney John Bosk's "failure to conduct adequate pretrial investigation and preparation."

November 27, 2005

Worcester ADA Sandra Hautanen, of DA Conte's Appeals division is exposed for 8 misrepresentations of facts to the Massachusetts Appeals Court in Benjamin LaGuer case.

On November 10, 2005 in Boston, Worcester ADA, Sandra Hautanen gave an oral presentation in reference to the discovery of fingerprints that had been withheld from the defense in the Benjamin LaGuer trial for eighteen years.

The appeals presentation was recorded and photographed to preserve an authentic record by freelance reporter Mr. Eric Goldstein, who operates the Benlaguer.com web site.

Mr. Goldstein who attended the hearing, listened to ADA's Hautanen live testimony. Mr. Goldstein, believing misrepresentation of actual facts occurred ordered the Audio CD from the Massachusetts Appeals court hearing.

Mr. Goldstein was able to listen point by point and illustrate eight (8) misrepresentations, with live sound bites, actual court documents, and recorded testimony, all which is all posted on the Benlaguer.com site titled, ADA Sandra Hautanen misrepresents the truth

September 5, 2005

Appeals court upholds earlier ruling, Worcester police used unlawful tactics to gain warrant. The state Appeals Court has affirmed the suppression of drug evidence by a lower court judge who had harsh criticism for methods used by the Worcester vice squad and expressed disbelief in police testimony.

January 13, 2005

DA to fight judge’s Piccolo ruling

FITCHBURG— Worcester District Attorney John J. Conte will appeal a judge’s ruling that freed convicted child molester Frank E. Garcia Jr., a former teacher at a Leominster day care center.

Defense lawyer James L. Sultan said he was disappointed with Mr. Conte’s decision to appeal last month’s ruling by Fitchburg District Court Judge Michael J. Brooks.

“It means this is going to drag on for a long while, which is unfortunate,” Mr. Sultan said yesterday.

Prosecutors filed the notice of intent to appeal Tuesday in Fitchburg District Court.

last updated 12-Mar-2007 09:07 AM

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