Jonathan's Story - as told by jackie

 This is a very confusing time for us as we navigate Jon's death and the legal system. I don't know how to help anyone else chart the confusing course. What I can do is share with you what we are facing as we face it. Perhaps it will help anyone else in the system to work through the steps and understand a little better what they may have to go through, month by month ~ Jackie

04/15/2021 - 2:33am - Route I190 Sterling, MA - OUR LOSS

 The phone rang and panic ensued. When I answered, I heard my youngest son say to me, "MOM! I need you to wake up because I am only going to say this once." During the breath he took, I thought, "OH NO! His dad died, I am so sorry." Then the words that haunt me, the ones that ended one chapter and began this devastating chapter flew out of his mouth at approximately Mach 2.93 - "Jon is dead!"

Just as I went to say, "OH NO! I am sooooo sorry", it hit me. He didn't say DAD, he said JON! JON! NO NO NO NO NO!!! Not my Jon! 

Josh had answered the phone shortly before he had called me. It was his Stepmother who blurted out, "Jon is dead." I have thoughts about that but you can't know how you will handle hearing such a thing, never mind how you will handle speaking such pain and shock.

We talked for a couple of hours to digest this horror and comfort each other. The details emerged and have haunted my vision ever since. For quite some time, I couldn't close my eyes without seeing what Jon experienced and the physical pain was extreme. 

For now, I can't rehash it. I do know that I have mentioned the manner of his death in a blog or two and I will get this story out. Let's move on to the slow nature of the legal system.  

07/02/2021 - The Victim Witness Advocate

By now, there were talks with the police and Funeral Director, deliveries of flowers and food, a Master's Degree to finish, Calling Hours, and so many thank you cards written and sent. I even took advantage of my EAP therapy to have three immediately surrounding the weeks of Jon's death and Calling Hours. 

After speaking with her, she sent information and a Victim/Compensation Application. I still don't really know what for because there is very little money $20,000 and too many people to split it to cover their needs. They have to have you exhaust all resources first and the help comes from the area Jon was killed in which is very far from where I live. This is a piece I will have to work on so that I can convey more information to you.

What I am keenly aware of is that the Advocate is there for the family and will be there for all information we will need.

06/16/2022 - The Hit and Run Driver - Arraignment Day

She has a name* now and was arraigned on this date. A slight woman with a husband who was by her side the entire time. Sadly, the court is so small, she was by my side several times as well. The drive was about 40 minutes and the arraignment was about 5. She was charged with leaving the scene with personal injury and personal injury resulting in death. The court entered a not guilty plea for her and declared that we will see each other for the Pre-trial conference on August 9th.

*I could easily splash her name all over the place but I will not because venom is inappropriate on this page (I will save it for the blogs), naming her could cause our family to lose anonymity, and should anyone be so moved, it could put her in harm's way due to vigilante justice - I prefer that the courts mete out justice.

08/09/22 - Pre-Trial Conference

And so it starts, the long game of Pre-Trial Conferences and wasted time. Each appearance is but a stepping stone on the path to what we hope will be justice.

The case was called within a few minutes. I heard something about the DA wanting the case to go so Superior Court*. When asked if they had any objections, the Defense said, "No." And we will see each other again on October 27th!

*The reasoning behind trying the case at the Superior Court is to incur stronger charges and higher penalties.

10/27/2022 - Probable Cause Hearing

This was a probable cause hearing. It was my understanding it was designed to determine whether we had probable cause to drop the charges in the lower court because we’d been allowed to move to the Superior Court. This would move the case to a different location but allow for stronger charges against the defendant.

The case had not gone in front of the Grand Jury as of our court date; therefore, we could not be dismissed. However, that didn’t stop the defense attorney from explaining how the case has dragged on for a year and a half and how it took 6 months to charge his client. He also expressed how difficult it was for her to have this “hanging over her head for all this time”. Let me tell you how sorry I felt for HER. Wow, tough times…nothing we could possibly understand because we didn’t cause this. He asked to dismiss because it had been so long. 

The judge allowed us until the next court date to go in front of and obtain a decision from the Grand Jury to determine what our next steps would be. If we don’t have that, we need to have witnesses prepared to testify as to the probable cause for having him try the case.

The next date was determined when the defense attorney leaned over and commiserated with her to determine said date. December was not good for her but she agreed to come in on January 10, 2023. Kind of like when you have a hairdressing appointment and get to determine what is and isn’t going to cramp your style - I was appalled.

For anyone who doesn’t know, “going” to the Grand Jury means the prosecution and its witnesses are called to testify. The families do not attend, nor does the defendant or their counsel. We anticipate that one of the witnesses will be the Trooper who has been working on and been dedicated to Jon’s case. We will be notified by the Victim/Witness Advocate (and possibly the Trooper) when a decision is handed down. If no, we go for probable cause in the lower court. If yes, the Grand Jury has found reason to indict and we will go to Superior Court. 

I found the Law Office of George N. Papachristos, P.C. who posted information regarding the process on their site: https://www.gnplawoffice.com/grand-jury-investigations.html#:~:text=During%20the%20Massachusetts%20grand%20jury,Smith%2C%20414%20Mass. 

I want to speak to my use of the words “the Trooper” and “the Victim/Witness Advocate”. These are their titles and the manner to which I identify them because I have not asked them for permission to use their names and wouldn’t expect it to be appropriate to do so. Just know that these two people have been our EVERYTHING. They listen, share information, and care beyond all measure. They are knowledgeable and do everything within their power to both stand with us all and protect anyone who is vulnerable to physical or mental/emotional abuse from others without the possible perpetrator knowing. Everyone is treated with dignity and care, no bias is shown. These people are the rocks we could not live without during these times. Should they ever find this, I adore you and thank you for everything you do Ms. D and Mr. B!

We will come back together here after January 10th but I will see you in our main blog once my head clears and I feel ready to write more.

01/10/2023 - 2nd Probable Cause Hearing

This was the 2nd probable cause hearing. It was to finalize whether we were going to Superior Court or staying in district. On the 9th, I (Jackie) received a text from the Victim Witness Advocate, "I will see you at district court tomorrow. The grand jury has given the indictment but we do not have an arraignment date from Superior Court yet. Tomorrow should be the last date in district though." Since Jon was killed, nothing has made me as happy as this text! 

We went to court and waited all through first call. She was never called which left us confused. I don't understand this but they took her in before court started and made everything official. We were not able to attend, even though we were there! 

When we left, we did not have a date for the first day in Superior, nor did we have a date for the last day of district. I suppose the latter is was not that important, it was the former I wanted to make sure we didn't miss. 

February 2nd is the day she is being arraigned in Superior Court. We will come back together after that date so I can fill you in.

02/02/2023 - Arraignment in Superior Court

The night of 02/01, I received an email that said we'd need to meet with the Victim Witness Advocate and the District Attorney and to check in at 8:30.

When we checked in, we were ushered into a waiting room, away from the Defendant. From there, we met with the DA with our Victim Witness Advocate. She went over everything that would happen and answered questions:

The court would read out the new charges

The defendant would plead not guilty/guilty

The court would give her the conditions of her bail

The district court would drop the charges against her in an upcoming administrative court date which she did not have to attend; therefore, neither will we

After our mini meeting, we went upstairs to wait to be called. We ran into the trooper who has been one of our supports throughout this ordeal. We talked for a bit and remained distracted which helps. 

When we went in,  the defendant's new charges were read, she plead not guilty, and was told what she could and couldn't do, as well as the consequences of disobedience. 

We waited while she exited the building and then went downstairs. 

We go back for a pre-trial conference/discovery hearing on March 3rd. I will meet you back here at that time!

03/03/2023 - Pretrial Conference/Motions

When we arrived, we sat in the waiting room until we were called by the Victim/Witness Advocate which I assume will be the norm. I am going to apologize for my writing this month. I am trying to recount the facts, but as they relate to Jon's case can get confusing for me because I am too close to the case. I am sure other people would tell me it didn't happen exactly like this but if you get the gist, that is good enough (this time).

It was a long day, and we were shuffled from room to room as the process played out but it was mostly a repeat of the process from district court which tells me that all courts have an arraignment, motions, and discovery process that leads to trial. The defendant's attorney filed a motion that morning to dismiss based on the same reasons they wanted a dismissal from district. The ADA had to answer to it and cite her rebuttal with case law. The judge took the motion and rebuttal and spent time in chambers reading and researching.

The defense attorney explained that the defendant hit Jon, pulled over, looked around and ascertained that many people were assisting him, called 911, and left after telling them he was being tended to. The next day, she spoke with an attorney who called police and told them her story - she was given a citation that evening. Her attorney said that the delay in issuing the citation was an indication that she could believe she'd done nothing wrong.  He was also concerned about the time it took to get from incident to court. 

The judge asked a lot of questions and stated that the defendant lied to her lawyer about her actions after she collided with Jon. The cell phone records and the 911 records did not show that she had called 911. It is also not widely believed that she stopped or even braked; however, it was the attorney's duty to attempt to get the case thrown out. The ADA presented the argument that she could not be cited because she left the scene and that there was considerable time needed to formulate charges based on investigation. 

As it stands, it is our understanding that vehicle evidence at the scene matched her car and that more vehicle evidence was just recovered from a lab on 3/2/23. These things do take a tremendous amount of time.

The judge gave the defense attorney a week to go over case law and turn in his motion with citations. She said she had to go over more case law and would try to make a decision by the next date. I have plenty to say about this and how I feel but, again, I really want to bring you the process and idea about what the process can entail.

We go back for a pre-trial conference/discovery hearing on April 13th, two days before the 2nd anniversary. I will meet you back here at that time!

03/27/23 - Email

I received an email from the VW Advocate about the Defense's Motion to Dismiss. The judge denied the motion; we move forward from here with a hearing for compliance, election, and status. So what is that? Basically, it is to determine whether both sides are in compliance with discovery orders and, if all discovery has been brought forward, whether the defendant wants to waive her right to a jury trial. No jury trial, in the state of Massachusetts, can be waived without full discovery.

04/13/23 - Pre-Trial Conference/Compliance/Election/Status

In the late afternoon of 04/12, I received a phone call from the VW Advocate stating that the defense attorney wanted to file motions and push the date out for five weeks. The ADA was adamant that we deserved this day because of travel, preparedness, etc. and demanded that we follow the law and do this in front of a judge. In other words, you can't contact the other party and ask to just move things without the knowledge and consent of the judge. The word came in that we would go ahead with the court date as planned. 

It was a very busy day and things move at a blinding speed! Today, the defense attorney stated that she (it was another different attorney today) wanted to file a motion to dismiss. They are trying to invoke what I believe is called the Ladravian McArthur Law which has something to do with erroneous or incomplete notes or testimony by law enforcement such as to sway a grand jury and cause a person to become indicted. For an example from case law, click on this link https://casetext.com/case/us-v-ladravian-mcarthur-law. 

In this case, what they are saying is that there was no enough evidence to indict. However, the defendant went to an attorney to tell them what she'd done, the attorney turned her in, and there was physical evidence at the scene that matched her belongings. I am not sure how much is public so I am going to be vague here. I know this will all come out as we continue this journey.

The defense's motions have to be turned in by May 17th to give the ADA time to review and prepare a rebuttal. We will not go to court on the 17th because it is administrative and handled in the Clerk's office rather than the courtroom. 

06/02/23 - Pretrial Conference/Arguing Motions to Dismiss - Superior Court

This date was rescheduled to 06/27/23.

06/27/23 - Pretrial Conference/Arguing Motions to Dismiss - Superior Court

The defense presented their motion to dismiss the case based on the McArthur Law. They stated they felt the decision handed down from the Grand Jury was faulty, based on the time elapsed between the "accident" and the time the police interviewed the suspect; ~12 hours. They felt there was no way to prove their client was involved based on the delay. The ADA presented their case to deny the motion and a new date was set.
These are very detailed arguments that take a bit of time for the judge to read thought and the sides to present. Therefore, the judge takes the case under advisement and does not make an immediate ruling.

07/14/23 - Pretrial Conference/Arguing Motions to Dismiss - Superior Court

The judge ruled that the McArthur Law did not pertain to this case. Therefore, the defense attempted a different angle, using different case law. His argument was that the police could not use his statements against his client as that was a violation of his client's client/attorney priviledge. Therefore, the prosecutor was in violation by taking his statements to the Grand Jury. Again, arguments were presented and the case was taken under advisement.

08/08/23 - Motion to Dismiss Announcement

Disclaimer: Though I am trying to present this as a non-biased account of how the system is working in this case, I am going to allow a little bit of emotion to come through in this announcement.

DENIED!!!!!

09/07/23 - Pretrial Conference/Status Report

I believe I can safely say that NO ONE who reads this will EVER encounter this situation but this is what happened. When Jon was killed, the defendant left the scene. The next morning, she called an attorney who interviewed her. Rather than having her turn herself in so he could represent her, he called the police, turned her in, and entered into a client/attorney relationship with her. 

We have a new ADA because our former ADA has moved on to new horizons, thus allowing her to also be a Mommy (our best to her and our deepest gratitude for all she has done to get us going). His first assignment in this case was to research witnesses contracting as attorneys for the defendant they turned in. There seems to be NO case law that addresses this issue which means this is NOT a thing.

The judge got to hear about this development and agreed there should be a date to argue the removal of this attorney and the firm from the case because the attorney does not seem eager to simply recuse himself. 

The next court date is on October 31st to argue the motion to remove the defense attorney - we will see you then!

October 31, 2023 - no arguments were heard as the defense attorney recused himself. 

November 30, 2023

December 19, 2023

January 3, 2024

February 22, 2024

All written motions turned in by the new defense attorney and given without arguements. These were very brief court dates or dates for which no subpoena was received. 

This date was changed from arguing motions to a status hearing. The prosecution and defense do not know how to proceed because this case is unprecedented. So far, the powers that be have not located a case where a witness takes the defendant as a client. We have not been in court since October 31st as there has been little to no movement in the case. We have a motion hearing coming up and plan to attend if the court is able to move forward. 

May 15th will be a motion hearing - see you then!