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Judge dismisses Simonetta trial

Full story: Berkshire Eagle

District Court Judge James B. McElroy scolded prosecutors and police Monday for what he said was the intentional withholding of evidence in the trial of a family that had resisted turning their grandchild over to state workers in August of 2008.

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Take America Back

Pittsfield, MA

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#1
Jan 11, 2010
 
We all need to stand up to these thugs and take our country back NOW!!!!! Jolene im glad that this whole thing was dropped against you and your family and I know it will be very difficult to get things back to normal. If these thug police officers or and other government agency ever tried to enter my home without probable cause I would of stood my ground with my 12 gauge shotgun. Let this be a lesson people that these thugs will not stop stepping on our constitutional rights until they turn our free country into a police state grid and if you think that this is nothing then you don't deserve to live in this free country. WWW.InfoWars.COM

WAKE UP AMERICA!!!!
Patriots Unite

Pittsfield, MA

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#2
Jan 11, 2010
 
Defense attorney

Pittsfield, MA

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#3
Jan 12, 2010
 
This guy Swomley is a real hero to me. Cops and politicians rule by fear and intimidation. Not what America is supposed to be all about. Thank you Mr Swomley for being a real man...as opposed to the cowards who use their position or power to intimidate.
IRA_Pittsfield

Pittsfield, MA

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#4
Jan 12, 2010
 
All i know is what was printed. If it went down that way then the agency and the Cops were A-holes, plane and simple.Chief tell your men to pull their heads out their A**.
wonder why

Pittsfield, MA

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#5
Jan 12, 2010
 
Once again, no mention of the officers name, why is that Berkshire Eagle?
dilligaf

Dalton, MA

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#6
Jan 12, 2010
 
wonder why, it doesnt matter, their all the same really. Any one of them would have done what those 3 did.
Vermont transplant

East Hartford, CT

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#7
Jan 12, 2010
 
Mr Capeless seems to have no problem blaming everyone else for the problems in his office but the man in the mirror. How can a defense attorney offer a defense if he doesn't know what he is supposed to be defending the accused of?? That would lead to the defendant charging his attorney with uneffective cousel. Where are all these reports?? The problem I think is that none of the reports tell the same story. The police men are covering each others backs no matter what is right or wrong. It is time to take this office away from the biggest offenders of them all.
bagman

Mason, OH

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#8
Jan 12, 2010
 
Capeless is a dirtbag and should be fired!
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Someone

North Adams, MA

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#9
Jan 12, 2010
 
Capeless is a politician who is more interested in keeping his job than he is in justice. "Gotta' look tough!"

The man needs to go. It would be nice if a credible attorney challenged him at the ballot box, rather than one of his courtroom opponents.

He needs to go.
Tabloid Fever

Springfield, MA

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#10
Jan 12, 2010
 
Remember this crap from the DA and dont vote him back in! He is an arrogant politician that weilds his power. This time it didnt work! Congrats to Judge McElvoy.
Fair Reporting

Springfield, MA

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#11
Jan 12, 2010
 
Print the names of the Cops! John barrett the new "mayor" should fire them! Come on Scott, stop playing their side!!!
Newsman

Bangor, ME

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#12
Jan 12, 2010
 
How many years has the DA's office been playing dirty with the law to win cases? Or the thugs we call police? Let me share the following with you:

My wife and I were stopped for speeding on Route 2 on Florida Mt. We had no idea why we were stopped. The cop was a horse's fanny. So, I decided to challenge the ticket. I won. The cop appealed. He lost again.

Read this and remember: In order for a speed limit to be legal, it must be set at the 85th percentile speed AFTER a speed study. Well, the state last did most speed studies in 1969, and hill and curve speeds were set using a Ball Bank Indicator. In other words, the best guess as the device was built in 1936.

In 1997, Massachusetts adopted the National Highway Administration's rules on speed limit setting or risk losing federal highway funds. The new rules made any speed limit not set by speed study at 85th percentile illegal.
(I got the info from the state by the Freedom of Information Act). Every Ball Bank Indicator speed, that is, hills and curves, in Massachusetts is illegal as those speeds are considered to be advisory and NOT regulatory, and under Massachusetts law are not enforceable.

Also, after any road construction, a speed study is required. They can't just leave the old speed signs up. If they do, the speed becomes advisory.

Well, Mass. has long known about this, politicians have blocked increasing speed limits with studies because it would reduce speeding ticket revenue to cities and towns.

Also, there are training standards for police in the use of radar in the new rules. Based on evidence from police records obtained by me using the Freedom of Information Act, few if any police or police departments meet the new federal imposed standards.

In fact, nearly EVERY speeding ticket we receive from nearly every police officer in Massachusetts IS ILLEGAL. That is, UNLAWFUL. Every single speeding fine we pay is ILLEGAL. That's why, in court, with this evidence in hand, the police lose speeding ticket cases.

I have filed a formal complaint with MassHighway and the state over all of this. I'm waiting to hear from their legal counsel.

THIS IS WHAT A POLICE STATE LOOKS LIKE. Did you know that most of the Gestapo in Nazi Germany were lawyers and former police? Keep that in mind the next time you get a speeding ticket, or read about DSS abuses, or prosecutorial misconduct as in this case in today's Eagle.
Victim advocate

Lee, MA

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#13
Jan 12, 2010
 
Justice served,late,but welcome.
Capeless is NOT the right person for the job.
Tired of the Eagle Bias

Pittsfield, MA

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#14
Jan 12, 2010
 
Putting aside the story itself, can the eagle editors just try and match the headlines and bylines to the actual content rather than trying to match the Enquirer in inaccuracy? I mean, the headline of DA "blames court and defense attorneys" if you read the article itself is just not what the article says. He said essentially the Court should all parties to the standard the Court is declaring. What is so wrong with that other than it is not a sexy headline? Come on Eagle, get a little credibility and actually report and not fabricate.
tired of nudges

Holyoke, MA

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#17
Jan 12, 2010
 
Fair Reporting wrote:
Print the names of the Cops! John barrett the new "mayor" should fire them! Come on Scott, stop playing their side!!!
This originally was in the paper on saturday and the name of the cop was mentioned
rickf

Holyoke, MA

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#18
Jan 12, 2010
 
The police officers involved knew they were wrong. The D.S.S. people knew they were wrong. This is pure jack booted thuggery. Firing is the least that should happen for all of them. Police officers do not have the right to arbitrarily enter a persons home. There must be extenuating circumstances such as immediate danger or crime in progress to warrant such actions. This was not the case. No probable cause? Back off. No documentation? Back off. I am also a bit curious as to who the fathers family knows that would have initiated such an illegal stunt in the first place.
ratings

Bristol, IN

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#19
Jan 12, 2010
 
rickf wrote:
... I am also a bit curious as to who the fathers family knows that would have initiated such an illegal stunt in the first place.
I could be wrong, but my hypothesis is this: The father's parents did not get custody until the DAY AFTER this incident. So obviously the mother had legal custody when the authorities showed up with NO PAPERWORK.

She left her home with the baby and went to her parents' home because of the father's VIOLENT ACTIONS. The father probably called his mommy, who made a FALSE REPORT to DSS. That's what junkies' enabling parents do.(If I'm wrong, please let me know who filed the report, okay?)

As far as the DA and his idiotic comments- perhaps he should go back to school and reread the Fourth Amendment. Just so he knows what I'm talking about, it's in that document called the "Bill of Rights" and it concerns illegal search and seizure.

Since: May 08

Lee, MA

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#20
Jan 12, 2010
 
Tired of the Eagle Bias wrote:
Putting aside the story itself, can the eagle editors just try and match the headlines and bylines to the actual content rather than trying to match the Enquirer in inaccuracy? I mean, the headline of DA "blames court and defense attorneys" if you read the article itself is just not what the article says. He said essentially the Court should all parties to the standard the Court is declaring. What is so wrong with that other than it is not a sexy headline? Come on Eagle, get a little credibility and actually report and not fabricate.
Capeless needs to come to the realization that the burden is on the prosecutor,not the accused!
Speak up cop lovers

Pittsfield, MA

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#21
Jan 12, 2010
 
When smart people pointed out in comments on the original story that the police are like the Gestapo in these DCF witch hunts, we were roundly criticized. Now the judge has agreed that we were right. Any apologies forthcoming from you Nazi-loving bastards? I didn't think so...
Questionable

New York, NY

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#22
Jan 12, 2010
 
The girl's father is Matthew Trombley. Custody of the girl was granted to Trombley's parents on Aug. 15, 2008, the day after the raid on the Simonetta home.

This is crazy. I know it's real easy to say what you'd do in this situation. But I wonder if one did give armed resistance to law enforcement you'd most likely be taken out by a tactical team. So I ask again would the city get away with murdering a family and kidknapping a child? Although these people are lucky it appears the answer is yes.

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