Essay about Case Analysis : ' Criminal Case

1231 Words Aug 12th, 2015 null Page
COMPLAINT
Patrece Petersen, a defendant, who was prosecuted by Laura Marshard of the Cape and Islands District Attorney’s Office, sent a complaint on October 20, 2014, alleging that Marshard met privately with a witness in Petersen’s criminal case, after the witness had been assigned counsel due to a potential 5th Amendment issue (Dkt# 1435CR000551). As a result of this complaint, the office has received information from, Judge Chin, regarding other instances of misconduct by Marshard. Marshard has allegedly violated Mass.R.Prof.C.3.8 (d).
FACTS
On September 22, 2014, Petersen was in court for a probable cause hearing, in reference to docket number: 1435CR000551; victim/witness David Silvia (also spelled as Sylvia) was also present at the courthouse for the hearing as he was summonsed to testify. During the hearing, discussion arose regarding Silvia’s potential 5th Amendment right; after discussing the incident with Silvia, the court concluded that he should be advised of his right to assert his 5th Amendment privilege and subsequently assigned Timothy Moriarty, Esq., to be his counsel. Before Silvia was informed he had been assigned an attorney, during a court break Marshard brought Silvia into the Law Library at the courthouse to allegedly explain what it meant to have a 5th Amendment right. Two police detectives known to Silvia also accompanied Marshard in the meeting. Liza Williamson, Clerk-Magistrate of Edgartown District Court, learned of this meeting and…

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