Homeowner not guilty
Teen killed in car crash after drinking party
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD— A Warren man, charged with letting teenagers drink in his Bemis Road home in the hours before one of them died in a horrific car accident in late 2005, was found not guilty by a jury yesterday in Western Worcester District Court.
Marc T. Holly, 47, cried and hugged his wife and children after the verdict was read. He said he planned to have dinner out with his family when he was released yesterday afternoon. He has been held since May 3 after testing positive for cocaine in violation of his pretrial probation.
Mr. Holly was charged in January 2006 under the state’s so-called “Social Host Law” after witnesses told police he was at home during at least part of a drinking party Dec. 30, 2005, and that he played a game called “beer pong” with the teens. If convicted, he would have faced up to one year in jail and as much as $2,000 in fines jury of three men and three women may have been swayed by defense lawyer Michael H. Erlich’s assertion that a Warren police officer purposely withheld a witness statement that would help prove his client’s innocence — something Rebekah A. Perrin, whose daughter Abbigayle Perrin died in the crash, said she does not believe is true.
Officer Mark Chase testified that he had no recollection of taking a statement from Zachary Robidoux and did not know that it was in a folder he brought to Hampden Superior Court to be used in a case against the driver in the fatal crash.
Mr. Robidoux, though, testified that he went to the station and wrote out a statement in Officer Chase’s presence one day after the officer pulled him over and asked to talk with him about the party. He said he attended the party and Mr. Holly only briefly walked through the house then went into his bedroom.
The written statement was eventually found after an assistant district attorney in the Springfield court read a newspaper article about the missing document and alerted prosecutor John F. Kennedy at the East Brookfield court that he had a copy.
Last night Ms. Perrin said from her Warren home that she was disgusted by Mr. Erlich’s tactics. She was angry that he implied she might be involved in a personal relationship with Officer Chase and that so much attention was given to the missing witness statement rather than to her daughter.
“That jury did not get to know my daughter,” she said. “Instead, that lawyer made this about Mark Chase, and it wasn’t … The police have been nothing but good during this.”
Ms. Perrin said she is afraid no one will learn from the case because Mr. Holly was not punished and she fears other teens may be allowed to party in private homes when parents learn that Mr. Holly was not held accountable.
She said her daughter was an honor student who encouraged her friends to “do the right thing” and she still wonders how a responsible child who rarely gave her mother anything to worry about could have ended up in an accident. She said some of her daughter’s friends have had a difficult time coping since her death.
“If that adult had been responsible, Autumn wouldn’t have gotten behind the wheel,” she said of the alleged driver, Autumn Motyka, who has been charged in connection with the fatal crash.
“Now all I know is that my daughter is not here anymore, and she is never coming home,” she said, adding that she wished she could have shared those sentiments with the jury.
Ms. Perrin has filed a civil suit against Ruth Holly in connection with her daughter’s death and said she will appear on a morning television program today to spread her message and talk about the dangers of parents allowing teens to drink in their homes.
During the trial some of the teens who were drinking at the party said Mr. Holly came and went from the house at least twice that night. Some said they saw him looking over the beer pong table and one alleged that he tried his hand at the drinking game.
Jonathan Towne, who was 17 when he attended the party and brought along a 30-pack of Coors, said he consumed about a dozen beers in three hours that night and was “pretty drunk,” something Mr. Erlich said should make jurors question his testimony.
Mr. Towne said he saw Mr. Holly walk through the home where teens were drinking on two occasions but didn’t recall any efforts from him to stop the party.
In contrast, Mr. Robidoux testified that when Mr. Holly found beer at the home, he made his son, Daniel, pour it out. He said the younger Mr. Holly also tried to chase down Miss Motyka in an effort to stop her as she pulled out of the driveway with Abbigayle Perrin in her car.
Ms. Perrin and Mr. Holly both testified that they were at a local pub called The Danger Zone Saloon the night of the crash and that Ms. Perrin had spurned advances from Mr. Holly, including an invitation to join him in his hot tub.
Mr. Holly testified that he and his wife were separated at the time and his son had tried to set him up with Ms. Perrin. After the trial, the Hollys said they have reconciled.
In order to be convicted, jurors would have had to find that Mr. Holly furnished the alcohol or allowed the teens to consume alcohol, that those drinking were under 21 and that he was in control of the premises where the drinking took place, Judge Charles A. Abdella said in his instructions.
Jurors deliberated about an hour before returning the not guilty verdict.
June 22, 2007
Lawyer for `social host' suspect says police withheld evidence
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD - The lawyer for a Warren man charged with letting teenagers drink at his home the night one was killed in a car crash has asked for a dismissal, citing "egregious, intentional withholding of evidence" by a Warren police officer.
The lawyer for Marc T. Holly, 47, of Bemis Road, Warren, charged that Officer Mark J. Chase intentionally kept a witness statement from him because it contained "exculpatory evidence" that could help prove his client's innocence. While police allege that Mr. Holly was at home when the party took place, Mr. Erlich has said other witnesses can refute that testimony.
A judge is reviewing a motion to dismiss the case.
The crash killed Abbigayle Perrin, 19, on Dec. 30, 2005. She was a passenger in a car allegedly driven by her friend, Autumn Motyka, when the crash occurred on Route 67 in Palmer.
The case was slated for trial yesterday but was delayed after prisoners, including Mr. Holly, arrived late from the Worcester County Jail and House of Correction in West Boylston.
Witness Zachary A. Robidoux testified earlier this year that he had provided a written statement indicating Mr. Holly did not imbibe with the teens the night of the crash. But at that court appearance, Mr. Erlich said he had not seen the statement, nor had a copy been provided to prosecutor John F. Kennedy. Officer Chase told the court he could not remember taking the statement or whether he asked Mr. Robidoux to come to the station when he stopped him a day earlier.
Mr. Erlich said yesterday that Hampden County Assistant District Attorney James Forsythe read a newspaper story about the case and was "surprised" at Officer Chase's testimony that he did not remember taking the statement, because the officer had brought a copy to his Springfield office to be used in a case against Miss Motyka. Mr. Forsythe provided a copy to Mr. Kennedy.
In another motion, Mr. Erlich asked the court to prevent some potential witnesses from testifying because they were introduced "on the eve of trial." He said that despite repeated requests, Warren police failed to provide information about whom they had interviewed in the case.
He said he is concerned about why he has encountered difficulties in getting information from police.
"I can't fathom why the officer failed to provide the information but I am starting to get a clearer picture," he said.
He did not elaborate.
Judge Charles A. Abdella said he would consider the motions.
Mr. Holly continues to be held after testing positive for cocaine use at his May court appearance in violation of his pretrial probation. His trial has now been set for July 10.
May 4, 2007
Figure in teen death is arrested again ; Warren man charged after drug test
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD - A Warren man charged with providing alcohol for a party that preceded a fatal accident in 2005 was taken into custody yesterday, after testing positive for cocaine use shortly before he was slated to be tried.
Marc T. Holly, 47, of 111 Bemis Road was one of the first people to be charged under the so-called Social Host Law, which had been enacted shortly before the fatal crash.
Yesterday, his $5,000 bail was revoked by Judge Charles A. Abdella in Western Worcester District Court, because Mr. Holly had been ordered not to use drugs while awaiting trial.
Police charged Mr. Holly with allowing several underage youths to drink beer at his home Dec. 30, 2005, and that his actions contributed to the death of Abbigayle Perrin, 19.
Miss Perrin died when a car driven by her friend, Autumn Motyka, 19 at the time, slammed into a guardrail on Route 67 in Palmer. Palmer police said the crash was horrific and Ms. Perrin suffered traumatic injuries that led to her death. Miss Motyka was one of those allegedly drinking at the Warren party, according to police. She was charged in connection with the crash, and her case is being heard by a Hampden County grand jury.
While yesterday's scheduled trial of Mr. Holly was put off until June 21, there was additional drama when Judge Abdella issued a warrant for Miss Motyka's arrest after she did not show up to testify.
Assistant District Attorney John F. Kennedy told the judge that police were trying to find Miss Motyka, who apparently moved before she could be summoned to court.
Judge Abdella is also considering a motion from Mr. Holly's lawyer, Michael H. Erlich, to dismiss the case.
Mr. Erlich said yesterday he believes that a police report containing a statement from Zachary A. Robidoux, a witness who said in court he attended that party at the Holly residence, was lost by Warren officers.
Mr. Erlich said the statement might have helped prove Mr. Holly's innocence and charged that Officer Mark Chase "took a piece of evidence that could be beneficial to Mr. Holly," and thus the disappearance of the document is police misconduct.
Officer Chase testified that he did not recall taking a statement from Mr. Robidoux.
He said he did recall pulling Mr. Robidoux over and said Mr. Robidoux was uncooperative about discussing the party.
Mr. Robidoux said he went to the police station the day after Officer Chase pulled him over.
He said he wrote, signed and dated a single-page account of what he remembered from the party, including a brief appearance by Mr. Holly, who walked through the kitchen when the event was winding down.
Mr. Erlich said he doubts Ms. Motyka will testify but will likely invoke her Fifth Amendment rights since she was also charged in the case.
Judge Abdella said he will decide about her testimony once she is before the court.
He said the case will not be continued beyond June 21, and he expects to try the matter that day, unless the motion to dismiss is allowed.
January 26, 2006
Bail set at $10,000 in `Social Host' case;
By Kim Ring TELEGRAM & GAZETTE STAFF
EAST BROOKFIELD - A Warren man charged with allowing teenagers to drink at his home the night one of them died in a car accident was ordered held on $10,000 bail after his arraignment in Western Worcester District Court yesterday.
Marc T. Holly, 46, is being charged under the state's so-called "Social Host Law," which carries a penalty of up to $2,000 and up to one year in prison.
Mr. Holly allegedly told police that Autumn Motyka and Abbigayle Perrin, both 19, were among the guests at his house the night of Dec. 29, according to a police report. After leaving the home at 111 Bemis Road, Miss Motyka's car skidded across Route 67 in Palmer when it hit a guardrail and flipped over about 1:45 a.m. Dec. 30, police said.
Miss Perrin was killed in the accident, and Miss Motyka has been charged with felony motor vehicle homicide - driving under the influence and other motor vehicle charges. A judge yesterday ordered Mr. Holly held on $10,000 bail because he has other cases pending in the court, including a charge of driving under the influence. He also was ordered to remain drug- and alcohol-free.
Several witnesses told police that they had been at the party and saw Mr. Holly, who did nothing to stop them from drinking, the report stated. One witness said a party guest had brought "a 30- rack of Coors" and partygoers were consuming that and "other bottles of hard liquor." Another witness said the girls left the event about 11:30 p.m.
June 25, 2006
Social host' is arrested ; Driver in fatal crash allegedly drank at party;
WARREN - A Warren man is facing charges for allegedly allowing a 19-year-old Warren woman to drink alcohol at his residence in the hours before she was involved in an auto accident that killed her friend.
Police say Marc T. Holly, 46, of 111 Bemis Road hosted a party the night of Dec. 29 and allowed Autumn Motyka, 19, of Pleasant Street to drink during the event before she drove away with her friend in the passenger seat.
He is being charged under the state's so-called social host law. A violation of the law is a misdemeanor that does not carry a stiff penalty, but it could lay the groundwork for a civil suit alleging wrongful death.
Police Chief Glenn F. McKiel said Mr. Holly was arrested in Warren last night and was being held at the Spencer Police Department lockup. Miss Motyka, who suffered minor injuries in the crash, is being charged by Palmer police with felony motor vehicle homicide - driving under the influence and other motor vehicle charges in connection with the Dec. 30 accident that killed Abbigayle A. Perrin, 19, of 408 Main St., Warren.
On the night of the crash, Warren police were assisting at the accident scene on Route 67 in Palmer when the dispatcher received a 911 call indicating a disturbance had occurred at 111 Bemis Road. State police and West Brookfield police went to the home and found Mr. Holly's wife, Ruth Holly, allegedly involved in an altercation over the party with her son. She was arrested and charged with domestic assault, Chief McKiel said.
Police also saw evidence of a party and later learned the accident victims had allegedly been at the home, Chief McKiel said.
After an investigation by Officer Mark A. Chase, the misdemeanor charge was brought against Mr. Holly.
Rebekah A. Perrin, Miss Perrin's mother, said recently that she does not blame Miss Motyka for her daughter's death, but would blame anyone responsible for allowing teens to drink and drive.
The case falls in the jurisdiction of Worcester District Attorney John J. Conte, who recently was criticized when he announced he would seek no charges against a 20-year-old at whose home two Southboro sisters were allegedly drinking before a crash that killed them in Southboro last fall.
That announcement came after Attorney General Thomas F. Reilly called Mr. Conte to remind him that the autopsy reports for Shauna M. Murphy, 17, and her sister, Meghan C. Murphy, 15, were private. The Murphys' parents had donated to Mr. Reilly's gubernatorial campaign fund.
Northboro Police Chief Mark K. Leahy had questioned whether the host of the party could be charged, though witnesses said the victims had reportedly brought vodka to the party in water bottles.
Chief Leahy wondered whether a case for allowing a minor to consume alcohol could be brought against the 20-year-old at whose home the party was held. Mr. Conte advised that insufficient evidence existed for a case, Chief Leahy wrote in his report.
Chief McKiel believes the case against Mr. Holly is strong because officers saw evidence of the party, and witnesses
told police about the party.
Chief McKiel said he has yet to see toxicology reports indicating blood alcohol levels for Miss Motyka or Miss Perrin. Miss Perrin's mother said she was told her daughter had a negligible amount of alcohol in her system.