Between Iraq and a hard place
Warren soldier weighs risk of jail, call to duty
By Kim
Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD— A Warren soldier commended for heroism in Iraq is wanted for
violating probation after he returned to his military unit.
“The military told me to come back right away. What was I going to do?” Cpl.
Kenneth G. Tatro said in a telephone interview Thursday from Washington state,
where he is preparing to be sent to Iraq.
He said he had hoped to work with the Army to find a way to meet the terms of
his probation from a 2004 assault case, which included attending a batterer’s
program in Massachusetts and paying fines, but he was ordered to return to his
unit in Washington.
Cpl. Tatro said he was forced to choose between completing his probationary
requirements and being absent without leave from the military, something he
decided was a far more serious offense.
“I had to decide what was going to mess up my life more,” he said. “After 30
days, I would be a deserter, and I could be court-martialed. I have to think
about my future wife and baby.”
He and his fiancee, Tiffany Baker, are expecting their first child in November.
While on leave to attend his father’s funeral, Cpl. Tatro turned himself in
March 13 at Western Worcester District Court after missing several appointments
with the probation department. Those appointments were scheduled during his
first tour of duty in Iraq, while he was a member of the Army National Guard.
During that tour, he received a commendation from the commander of the Marine
Corps for saving the lives of several soldiers, Marines and Iraqi drivers. He
enlisted in the Army after that.
In March, court officials said Cpl. Tatro should have cleared up his status with
them before enlisting. Judge Charles Abdella warned Mr. Tatro during his March
22 court appearance that failure to comply this time would leave him facing
incarceration, even though Worcester Assistant District Attorney Richard L.
Greco spoke on Cpl. Tatro’s behalf and asked for leniency.
Mr. Greco said Cpl. Tatro gave evidence “as a witness in a criminal homicide
investigation.” Sources said that the assistant district attorney was referring
to the Molly Bish case, and that Cpl. Tatro has testified before the grand jury
investigating the Warren lifeguard’s June 2000 disappearance and death.
Cpl. Tatro’s probation officer, Linda Grimaldi, criticized him for enlisting in
the Army before clearing up his Massachusetts legal obligations, and Judge
Abdella shared her opinion.
Cpl. Tatro said he told Ms. Grimaldi about the recent Army call up, but she
insisted he fulfill his probation obligations. Mr. Tatro said Thursday he cannot
return to Massachusetts to say goodbye to his family before leaving for Iraq
because he fears being arrested.
He said if he had it to do over, he probably would not have enlisted until his
court status was cleared, but he enlisted
and cannot change that now.
“I can say, ‘What if?’ but now I have to decide what’s the best thing to do,” he
said. “I want to obey what they told me to do, but I can’t be court-martialed,
it would ruin my life. Sometimes I feel like they don’t want me to succeed.”
Bish case witness released from jail
Allegedly testified before grand jury
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST
BROOKFIELD— A witness in the Molly Anne Bish homicide case has been freed from
jail with the help of the Worcester district attorney’s office.
Kenneth G. Tatro, 24, of Main Street, Warren, who had been held in the Worcester
County House of Correction since March 13 for violating his probation, was freed
yesterday by Judge Charles Abdella of Western Worcester District Court at the
request of Assistant District Attorney Richard L. Greco.
“It is the position of the district attorney’s office that Mr. Tatro (has been
cooperative) in that (Bish) proceeding,” Mr. Greco said.
Mr. Tatro “did give evidence as a witness in a criminal homicide investigation,”
Mr. Greco told the judge. Sources said the assistant district attorney was
referring to the Molly Bish case and that Mr. Tatro has testified before the
grand jury investigating the Warren lifeguard’s death.
State Trooper Robert Ferraro of the state police detective unit attached to
Worcester District Attorney John J. Conte’s office was also in court for Mr.
Tatro’s case. The detective unit has been working on the Bish investigation.
Mr. Tatro turned himself in on March 13 at Western Worcester District Court
after missing several court appointments during a tour of duty in Iraq. The
District Attorney’s office wanted Mr. Tatro released so he could continue his
military service. He is on leave because of his father’s death.
Police believe Miss Bish was abducted from her post at Comins Pond on June 27,
2000. Her remains were found on a remote hillside in Palmer three years later. A
special grand jury has been reviewing the case since June 2004.
Jurors have heard from dozens of witnesses including some area sex offenders,
Miss Bish’s friends and family, local police and the men who led investigators
to a bathing suit on Whiskey Hill that sparked the search during which her
remains were discovered. There have been no arrests or indictments in the case,
and it is unclear when the grand jury will wrap up its work.
Gerard Tatro, Kenneth Tatro’s younger brother, worked for the parks department
the summer Miss Bish vanished. The brothers were acquainted with the popular
lifeguard, and Kenneth Tatro dated one of Miss Bish’s friends.
Gerard Tatro said in 2003 that he was one of several people asked to provide a
DNA sample to investigators. When Miss Bish disappeared, he told police he was
concerned about a man he saw snorkeling at the pond. He said the man resembled a
widely circulated sketch of a person Magdalen M. Bish saw when she dropped her
daughter, then 16 years old, off for work the day she disappeared.
Kenneth Tatro said in 2000 that he worried about a man in his 40s who was seen
around the parking lot at Comins Pond staring at Miss Bish. He said local teens
did not know the man. It is unclear what other information Mr. Tatro may have
provided to the jurors. The grand jury proceedings are secret.
Judge Abdella yesterday warned Mr. Tatro, who remains on active duty status, to
comply with the provisions of his probation, which include attending a
batterer’s program in Massachusetts. Failure to do so could result in
incarceration, he said.
Mark Noonan, a Worcester lawyer who represented Mr. Tatro pro bono yesterday,
said his client is anxious to comply and would work with the Army to find a way
to meet his court obligations.
Mr. Tatro was commended by the commander of the Marine Corps for saving the
lives of several soldiers, Marines and Iraqi drivers during his time in Iraq
with the National Guard. He recently enlisted in the Army. His lawyer said he
has worked to turn his life around.
His criminal record dates back to 2000 with various charges, including
disturbing the peace, marijuana possession and receiving stolen property. Many
of those charges were dismissed or continued without a finding.
Mr. Tatro remains on probation for a 2004 case in which he was charged with
resisting arrest and assault and battery. If he has no further brushes with the
law, his probation will end in 2008.
Iraq veteran freed from jail, Probation Officer will not allow Mr. Tatro to leave State back to active duty.
Kenneth Tatro appeared in East Brookfield District Court before Judge Charles Abdella in his military uniform today and was released from custody under probation stipulations.
A Catholic Priest accompanied Mrs. Tatro in the courtroom for support today. After her son's release Mrs. Tatro had no comment and quickly left the Courthouse
Worcester District Attorney Richard Grecco, of the Molly Bish grand jury testified on Mr. Tatro's behalf.
Probation Officer Linda A. Grimaldi, outlined probation stipulations to Mr. Tatro after his release which included mandatory attendance of 40 hours of battered woman's classes, no leaving the State of Massachusetts without permission as well as a $65 dollar per month probation fee for the next two years.
Mr. Tatro asked to have his probation transferred to Vancouver, that request was denied. Mr. Tatro asked to be able to return to his Army unit but was denied by Ms Grimaldi, who Mr. Tatro's family has claimed "does not support what they are doing over there".
Mr. Tatro is home in Warren on emergency leave due to the sudden death of his father Kenneth H. Tatro on March 3. Mr. Tatro is due to report back to his Army Unit in Washington on March 30, 2006.
Attorney Richard J Rafferty, of Eden & Rafferty of Worcester represented Mr. Tatro at the probation violation hearing pro bono. A phone call was placed to Attorney Rafferty and we await his reply.
Currently, Mr. Tatro is caught between obeying the probation stipulation or becoming AWOL from the US Army.
March 21, 2006
Iraq veteran to remain in jail
By Kim
Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD— A 24-year-old veteran credited with saving several lives during
the Iraqi war will spend at least two more nights in custody after his newly
hired lawyer yesterday told a judge he needed more time to prepare his case.
Kenneth G. Tatro of Main Street, Warren, was ordered held on a violation of his
probation last week after he turned himself in at Western Worcester District
Court in East Brookfield. During a probation-violation hearing yesterday, his
lawyer, Richard J. Rafferty of Worcester, said Mr. Tatro had violated his
probation because he was called to active duty with his National Guard unit.
According to court documents, Mr. Tatro was charged in 2004 with assault and
battery and resisting arrest. He has missed several scheduled appointments for
drug testing and meetings with his probation officer, the documents state. His
family said last week the missed appointments came during the 14 months he was
overseas.
Judge
Charles Abdella said Mr. Tatro may have had an obligation to the Department of
Defense, but he also had an obligation to the state of Massachusetts to meet the
conditions of his probation.
Mr. Rafferty said he wants more time to speak with military supervisors who
oversaw Mr. Tatro during his deployment to compile information he hops will
persuade the judge to release his client.
“He hasn’t been in California getting a suntan,” Mr. Rafferty told the judge.
“He’s been in Iraq.”
Mr. Tatro received military honors for his service and was, in a recommendation
for an Army commendation, called an “excellent soldier. One of the best!” by his
company commander, Steven B. Shaw.
The recommendation for the award states that Mr. Tatro “was personally commended
by the Commander of the Marine Corps for saving the lives of several soldiers,
marines and Third Country national drivers injured on various convoys.”
Family members said last week that Mr. Tatro turned himself in believing the
matter could be taken care of. He recently enlisted in the Army and is slated to
join his new unit by the end of the month. He has been on leave because of the
death of his father on March 3.
Last week, Linda Tatro said her son is now the “man of the family,” and she has
been relying on him after the death of her husband. Yesterday, after learning he
would not be freed, Mr. Tatro raised his handcuffed hands and blew a kiss to his
crying mother before being led away by court officers.
He is due back in court tomorrow.
Iraqi war hero, Kenneth G. Tatro, remains in house of corrections on probation violation.
The Honorable. Charles A. Abdella, presiding Justice of East Brookfield District Court continued the case of Kenneth Tatro, Iraqi decorated veteran, charged with probation violation until Wednesday March 22, 2006.
Mr. Tatro has been held without bail since Monday March 13 when he voluntarily turned himself in after his reserve Army unit was mobilized and he was sent to war in 2004.
Mr. Tatro stood before Judge Abdella, in handcuffs and leg irons, and requested to have his case continued by his new legal counsel Richard J Rafferty.
Attorney Rafferty requested more time to examine all the legal documentation provided by the Army and to be fully prepared to go forward to have this matter resolved.
Mr. Tatro was sent back to the West Boylston, House of Correction, still held without bail.
After the hearing Attorney Rafferty had no comment.
Is
this justice in Central Massachusetts?
A recently widowed mother who is still grieving for her deceased husband got a further shock when her Bronze-star decorated son returned from Iraq only to be locked up by Judge Charles Abdella without bail after he voluntarily turned himself in.
Mrs. Linda Tatro was distraught yesterday morning as she told her story.
“How can this be happening? My son is a war hero with medals to prove it,” she cried out.
Here’s the story:
Mr. Kenneth Tatro’s reserve unit on August 19, 2004 was mobilized for Operation Iraqi Freedom. Young Kenny returned home recently as a war hero who was highly decorated after serving 536 days on what is called “hostile” duty in Iraq.
Kenny Tatro to his credit was awarded a Bronze star for saving the lives of three Marines during heavy combat in Iraq. He also received the U.S. Army Commendation Medal, Iraq Campaign Medal, National Defense Service Medal, Army Service Ribbon, Armed Forces Reserved Medal with M device, drive and mechanic badge with driver, with bar, and the Global War on Terrorism Service Medal.
Now back in the United States, Ms. Tatro was contact March 10, 2006—the day of her husband’s wake—by State Trooper Robert Ferrero. The trooper said he wanted to talk to Kenny about his testimony before the Molly Bish Grand Jury. Trooper Ferrero said, “If Kenny does not call me back, I will have someone bring him in.”
Mrs. Tatro said she was told by Assistant District Attorney Richard Greco that this matter would be taken care of within an hour at the East Brookfield District Court and Kenny would return home.
Mr. Tatro did return that phone call. Mr. Tatro, fiancée Tiffany L. Baker of Portland, Oregon, and Mrs. Tatro arrived as scheduled at 9 a.m. Monday, March 13, 2006, at the Worcester Central District Court, 11 Harvard Street. They then proceeded to the Crowne Plaze Hotel, located across from the court house, where Mr. Tatro was escorted into a separate room to testify before what his mother believes was the Molly Bish Grand Jury.
Mrs. Tatro at about 12:45 p.m. was instructed to have lunch and meet ADA Greco in the East Brookfield District Court for 2pm.
The rest of this story is a nightmare, Mrs. Tatro said.
“Not only am I grieving from sudden loss of my husband. Now I am without my son who came home to support me and my family,” she said.
Judge Abdella was told by Probation Officer Linda A. Grimaldi, that Mr. Tatro had failed to complete his probation stipulations regarding a charge that previously was brought against him for assault and battery.
Ms Grimaldi stated to Judge Abdella that Mr. Tatro was “using the military to run away from his problems”
Mr. Tatro’s fiancée said Wednesday night in a phone interview, “I feel it was a witch hunt, politically motivated. I don’t understand why somehow who has changed his life and wants to be family man can not get a second chance.”
Ms Baker said she felt that “both the Judge and the probation officer were unprofessional towards anyone else in the court room, the lawyer or ADA Greco and that they had an agenda.”
According to military records Kenny had enlisted in the reserves in the year 2001.
Mr. Tatro was charged in 2004 with assault and battery and resisting arrest.
Attorney Robert Banks was appointed to defend Mr. Tatro in the Probation violation hearing Monday.
Attorney Banks who presented military documentation was unable to sway Judge Abdella.
Judge Abdella refused to give credence to the reason for Mr. Tatro’s absences, most notably being sent to war.
Judge Abdella stated “It was irrelevant and did not matter,” according to Ms Baker.
Mr. Tatro was ordered held in custody until a probation violation hearing on Monday, March 20, 2006.
Late Wednesday afternoon, Attorney Banks informed Mrs. Tatro that he went to the East Brookfield probation office to request Mr. Tatro’s file. When he requested the file, he was told he could not have the file, and he was no longer the court-appointed attorney. Attorney Banks asked the clerk magistrate named King to hear the recording from the court appearance, as he believed he was representing Mr. Trato, however Attorney Banks was refused.
Again in Worcester we see questionable use of the bail system within the district courts. Bail is to be used a means to assure the return to court. Seeing the police have had contact with Mr. Tatro since Friday, March 10, he voluntarily went to the grand jury hearing, then voluntary went to the East Brookfield court. It appears this current status of being held without bail for a probation violation is extremely excessive.
And why is the special Molly Bish grand jury being held at a private business, the Crown Plaza Hotel, and how much is the District Attorney paying for use of their property?
No bail for Iraq vet Warren man on probation
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD— A Warren man who recently returned from service in Iraq is being held without bail after turning himself in yesterday at Western Worcester District Court, where he was wanted on a default warrant.
Kenneth G. Tatro, 24, of Main Street, Warren, was taken into custody and held after a probation detention hearing. He will be back in court March 20 for a probation violation hearing.
Family members said Mr. Tatro failed to show up in court on several occasions because he was serving with his National Guard unit in Iraq and could not return home. His fiancée, Tiffany Baker, showed a certificate indicating he had received a commendation, and she said he also was awarded the Bronze Star.
Linda Tatro said she is devastated because her son, on whom she relied, was turning his life around and planned on a military career.
“He saved three Marines in Iraq,” she said. “He was making the military into his life. He wanted to do the right thing.”
Mrs. Tatro and Miss Baker said Mr. Tatro turned himself in after being assured the matter could be taken care of quickly. He believed he would be free to join his new unit — he recently enlisted in the Army — later this week after being on leave to attend the funeral of his father, who died suddenly on March 3.
Outside the courtroom, Mrs. Tatro wept. She said her son is now the “man of the family,” and she is proud of his accomplishments. He dropped out of high school, but he promised his mother he would earn a graduate equivalency diploma and did.
According to court documents, Mr. Tatro was charged in 2004 with assault and battery and resisting arrest. He has missed several scheduled appointments for drug testing and meetings with his probation officer, the documents state. His family said the missed
appointments came during the 14 months he was overseas.
His mother said he has had matters in court before and categorized those incidents as typical teenage behavior. She said her late husband had appeared at the court attempting to make payments on fees his son owed, but he was told Mr. Tatro needed to appear in person.
Thursday, March 9, 2006
Kenneth H. Tatro, 60
WARREN Kenneth H. Tatro, beloved husband and father, age 60, of Main St. passed away at home on Friday, March 3rd, 2006. He was born November 30th in Northbridge, MA., son of the late Harold and leaves Marguerite Tatro.
He attended Norwich University, VT for four years and served in the ArmyNational Guard Corp of Engineers, achieving the rank of Major. He then continued his education at the University of Maine School of law, receiving degrees in both law and political science. He practiced law for many years prior to his move to Warren. He was a faithful parishioner of St Paul’s Parish, Warren and a 4th Degree member of the K of C. As a proud Democrat, he was also member of the Democratic Town Committee.
He leaves his wife Linda L. Plasse Tatro; three daughters, Linda M. Page, Jeanne M. Tatro, Christine M. Martino and two sons Cpl. Kenneth G. Tatro and Gerard H. Tatro; four grandchildren, Daniela, Jacob, Robert and Megan.
A funeral Mass will be held in St Paul’s Church, Sat., March 11 at 10 a.m. Calling hours are Friday 6 to 8 p.m. at the Doherty Funeral Home, 40 Bacon St., Warren.