Thursday, January 08, 2009

In by email:

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> Dear friends and other interested parties,
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> Herewith, some recent articles pertaining to the Peter
> Manso legal situation. As you will see, the case against
> Duxbury Athletic Director Gordon Cushing is almost identical
> to mine-- both of us failed to renew our "old
> style" permits after the state changed it's license
> laws without notifying 750,000 gun permit holders of the
> need to re-up. Yet, Cushing was not dragged before a grand
> jury, nor, with his dismissal from District Court, even
> forced to pay a fine. Manso-the-Journalist, however,
> continues to face fifty years in state prison -- before the
> bar of Superior Court.
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> It is no secret that over the past three years I have been
> writing a book on the Worthington murder trial that is
> highly critical of Barnstable County DA Michael
> O'Keefe, and takes as its subtext the effect of racism
> on the trial's outcome. DA O'Keefe has taken to
> calling me "Mr. Manson", which, I think, speaks
> for itself. My next court appearance is scheduled for
> January 23, at which time my attorney Kevin Reddington tells
> me we will address the twin issues of overcharging and
> selective prosecution head-on.
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> I look forward to your continued support.
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> P.M
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> www.heraldnews.com/archive/x1429055894?view=print
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>http://www.masscops.com/forums/showpost.php?p=248767&postcount=4
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> http://news.bostonherald.com/news/regional/view.bg?articleid=1122994&format=text
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> http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20080907/OPINION/809070353&emailAFriend=1&template=printart
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> http://www.patriotledger.com/news/x42901239/Felony-weapons-charge-against-Duxbury-High-coach-is-dropped
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> http://www.patriotledger.com/homepage/x1994750416/With-gun-charges-pending-Duxbury-varsity-coach-still-has-a-job
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> http://www.patriotledger.com/news/cops_and_courts/x27396564/Gun-charges-filed-against-Duxbury-official
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> http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20081005/NEWS/810050334
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> http://www.capecodtoday.com/blogs/index.php/2008/10/04/the-manso-paper-trail
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> http://www.bostonherald.com/news/regional/view/2008_10_02_Cape_cod_writer_pleads_innocent_to_firearms_charges_/
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> http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20081002/NEWS/810020317
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> http://www.capecodtoday.com/blogs/index.php/2008/09/12/theft-of-gun-from-da-poses-continuing-qu?blog=53
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> http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20080905/NEWS/809050323/-1/special02
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> http://www.projo.com/opinion/contributors/content/CT_jeff17_12-17-08_LBCJT5R_v33.3e310cf.html
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> http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20081215/NEWS11/81215035
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> http://www.patriotledger.com/news/cops_and_courts/x1986400466/Weapons-charges-dropped-others-continued-with-Duxbury-coach-s-plea
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> http://www.capecodtoday.com/blogs/index.php/2008/11/05/join-manso-in-the-slammer-courtesy-of-rm?blog=20
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> http://www.capecodtoday.com/blogs/index.php/2008/10/05/title-125?blog=177
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Freetown Special Forces veteran acquitted of domestic assault

By Brian Fraga
Standard-Times staff writer
January 11, 2008 6:00 AM

FALL RIVER — A Fall River judge Thursday acquitted an Army Special Forces veteran who was arrested last year in Freetown following a reported domestic assault that led to a five-hour standoff with heavily armed state police troopers.

Michael B. Oliveira, 36, of Freetown stood beside his lawyer, Shane A. Carlson, in a Fall River District Court hallway minutes after Judge Robert Welsh found him not guilty of charges that included domestic assault and battery, six counts of possession of a firearm without a Firearms Identification Card and one count of possession of marijuana.

"It's really what I expected. I didn't think the case had much merit," Mr. Carlson said.
The prosecution's case against Mr. Oliveira began unraveling months ago when the defendant's wife, Katerina, invoked her right not to testify against her husband.

Her failure to testify prompted the judge's decision.

"My client is an American hero who served his country for 20 years of his life and, for more than 100 days, he had his liberty taken away," Mr. Carlson said.

Questioned on what it felt like to have been acquitted, Mr. Oliveira said he was still "taking it in" and wanted to speak with his attorney. He did say he was treated well during his 110-day incarceration last year.

"If any one good thing came out of all this it was the professional courtesy I was shown by the correctional officers," Mr. Oliveira said.

On Aug. 26, 2007, Freetown police responded to the Oliveira home at 2 Central Ave. after receiving a 911 call from the defendant's wife alleging that Mr. Oliveira had punched her in the face, grabbed her throat and shoved her to the ground outside their home, court records said.
Assistant District Attorney Paul Machado wanted to introduce the 911 tapes into evidence, but Judge Welsh did not allow it. Mr. Machado appealed the decision to a single justice of the Supreme Judicial Court. However, that appeal was withdrawn when the high court ruled in another case — Lao vs. Commonwealth — that 911 tapes were not admissible in a trial.


"The court went in the direction that did not favor our position," said Gregg Miliote, a spokesman for the Bristol County District Attorney's Office.

After acquitting him of the criminal charges, Judge Welsh fined Mr. Oliveira $500 for each weapon he did not have a current FID card for when police arrested him. Mr. Oliveira has one year to renew his FID cards for all six weapons, which include three rifles, a shotgun and two handguns.

Mr. Oliveira will likely be approved for new FID cards whenever he applies to the Freetown Police Department, Police Chief Carlton Abbott said.

"With the way the law is written, it's my understanding, since (Mr. Oliveira) has no convictions for violent crimes, he probably would succeed in obtaining those FID cards," Chief Abbott said.

Mr. Oliveira's final court appearance did not draw the intense news coverage his arraignment had last August. Only two newspaper reporters were present for Thursday's verdict, as opposed to the dozen media outlets that covered Mr. Oliveira's arrest.

Freetown police reports said Mrs. Oliveira went with her 6-month-old child to a neighbor's house after her husband hit her last year. Court records said she received a ruptured membrane in her left ear, bleeding behind the left eye, scratches and deep muscle bruising, according to doctors who evaluated her at Charlton Memorial Hospital in Fall River.

Court records said she told a Department of Social Services worker she was afraid her husband was going to kill her, and later told police her husband had several guns in the house and she feared he would use them.

State police negotiators and troopers joined Freetown police in surrounding Mr. Oliveira's house. He surrendered without incident when his father arrived, police reports said.

In a safe in the house, police found three rifles, two handguns, ammunition, knives, a digital scale, gunpowder, a tactical scope and a slingshot. They also found a pistol grip 12-gauge pump shotgun, a band of .50-caliber ammunition, .22-caliber rounds, magazines for assault rifles and pistols, knives and a hatchet.

Mr. Oliveira had obtained the weapons legally, but his licenses to carry the firearms had expired, police said.

Almost immediately following Mr. Oliveira's arrest, the scope of the district attorney's case against the defendant began changing.

Originally, Mr. Oliveira was arraigned on numerous charges that included unlawful possession of high-powered assault rifles and ammunition. In September, the District Attorney's Office dropped an attempted murder charge and reduced a previous charge of possession of a large-capacity firearm to possession of a firearm without a Firearm Identification Card.

Mr. Miliote said prosecutors chose not to prosecute Mr. Oliveira on the attempted murder charge for "numerous practical reasons" that included a desire to prosecute the case quickly in district court.

Mr. Miliote also originally said Mr. Oliveira's wife would be "intimately" involved in the prosecution, but she later dropped a restraining order against her husband and then decided not to testify against him. Prosecutors unsuccessfully tried to convince her to take the stand.

Police had also found marijuana inside a shed in Mr. Oliveira's backyard, court records said. A landscaper testified in court that five or six individuals had regular access to the shed, leading Judge Welsh to acquit Mr. Oliveira of a marijuana possession charge.

http://www.southcoasttoday.com/apps/...NEWS/801110346

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