After “one-half of a block,” the officers attempted to effectuate a stop of the vehicle, 9 but Cataldo left the vehicle and fled on foot, while the vehicle operator increased the vehicle's speed in an attempt to evade capture. Subsequently, the police observed Cataldo and the man “matching” Deconnick's description leave the building, enter Cataldo's vehicle, and drive away. 8ĭuring the course of a two-hour surveillance, police observed Cataldo looking out a second-story window a man “matching” Deconnick's description leave the building, use a public telephone on the street, and re-enter the building and Goodwin leave the building, enter Cataldo's motor vehicle, operate the vehicle, and later return to the apartment. 7 On the basis of this information, police began surveillance of the multi-unit building at this address. On that same day, however, a Revere police detective informed a Chelsea police detective that a “suspect” in the incidents “may be at 222 Clarke Avenue in Chelsea,” which is Cataldo's residence. “The police did not uncover any evidence related to the armed incidents, nor did they find any of the various suspects.” 6 On January 9, 2003, State and local police went to 192 Webster Avenue in Chelsea. Based on this evidence, the police obtained arrest warrants for Deconnick, Rizzutti, and Bua. Witnesses “positively identified” Deconnick and Rizzutti as the parties involved in the Chelsea carjacking and Deconnick and Bua as the participants in the Revere home invasion. The third incident, an armed home invasion in Revere, occurred on January 6, 2003, and was allegedly committed by Deconnick and Eric Bua. 5 On December 12, 2002, the second incident, an armed carjacking (on Webster Avenue) in Chelsea, occurred, allegedly perpetrated by Deconnick and Ralph Rizzutti. In the first incident, on December 5, 2002, Timothy Deconnick 4 and Cataldo allegedly committed an armed robbery in East Boston. After a hearing at which Detective Ed Conley was the only witness, the judge made the following findings of fact.īetween December, 2002, and January, 2003, three armed incidents occurred in Revere, Chelsea, and East Boston. We affirm the allowance of the motion to suppress.īackground. A single justice allowed interlocutory review. Following a hearing, a Superior Court judge issued a written memorandum allowing the motions on the grounds that the police lacked the probable cause and exigent circumstances necessary to effectuate a warrantless entry. Leslie Feldman-Rumpler, Boston, for Elaine Goodwin.Īfter indictment by a Suffolk County grand jury, the defendants, William Cataldo 2 and Elaine Goodwin, 3 filed motions to suppress evidence. Paula Finley Mangum, Boston, for William Cataldo. Helle Sachse, Assistant District Attorney, for the Commonwealth. Present: DOERFER, TRAINOR, & KATZMANN, JJ. William CATALDO (and a companion case 1).
0 kommentar(er)
