Post by Critique on Jan 4, 2007 18:08:01 GMT -5
By Terence J. Downing,
TAUNTON — A former police officer accused of molesting a 7-year-old girl has struck a deal allowing him to avoid trial and conviction.
Taunton District Court Judge Francis L. Marini agreed Tuesday to place David Smith on pretrial probation for four years.
Marini told Smith he agreed to the deal after "extensive negotiations" between his defense attorney, Daniel M. Rich of Norton, and Assistant District Attorney Joan Fund.
Smith was charged with indecent assault and battery on a child under 14.
If Smith stays out of trouble during the four-year period, the case will be dismissed.
"It basically continues the case," said Rich. "He made no admission of guilt. There is no plea bargain."
Marini warned Smith that if he gets in any trouble or violates the terms and conditions of his probation the case will go to trial and he faces a potential three years in jail.
Marini ordered Smith to undergo sex offender counseling and to stay away from the victim.
Marini also ordered Smith to pay child support to be determined by Probate or Juvenile Court.
Smith was also ordered to pay several court fees by July 6.
The probation is set to end May 1, 2009.
Fund declined comment after the hearing.
Smith, who appeared in court wearing jeans and a rugby style shirt, did not speak except to say he understood the judge's order.
Joseph DeMedeiros, a spokesman for Bristol County District Attorney Paul F. Walsh, said Smith was released from jail April 26 after six months confinement.
Smith was arrested and arraigned last July on a charge of indecent assault and battery on a child under the age of 14.
At the time of his arrest, Smith was a veteran patrolman who had served for 27 years on the Taunton Police Department. He resigned from the police force weeks after the abuse charges were brought against him.
Prosecutors say the abuse occurred "almost nightly" from March 2000 to March 31, 2001.
enterprise.southofboston.com/articles/2005/05/04/news/news/news10.txt
TAUNTON — A former police officer accused of molesting a 7-year-old girl has struck a deal allowing him to avoid trial and conviction.
Taunton District Court Judge Francis L. Marini agreed Tuesday to place David Smith on pretrial probation for four years.
Marini told Smith he agreed to the deal after "extensive negotiations" between his defense attorney, Daniel M. Rich of Norton, and Assistant District Attorney Joan Fund.
Smith was charged with indecent assault and battery on a child under 14.
If Smith stays out of trouble during the four-year period, the case will be dismissed.
"It basically continues the case," said Rich. "He made no admission of guilt. There is no plea bargain."
Marini warned Smith that if he gets in any trouble or violates the terms and conditions of his probation the case will go to trial and he faces a potential three years in jail.
Marini ordered Smith to undergo sex offender counseling and to stay away from the victim.
Marini also ordered Smith to pay child support to be determined by Probate or Juvenile Court.
Smith was also ordered to pay several court fees by July 6.
The probation is set to end May 1, 2009.
Fund declined comment after the hearing.
Smith, who appeared in court wearing jeans and a rugby style shirt, did not speak except to say he understood the judge's order.
Joseph DeMedeiros, a spokesman for Bristol County District Attorney Paul F. Walsh, said Smith was released from jail April 26 after six months confinement.
Smith was arrested and arraigned last July on a charge of indecent assault and battery on a child under the age of 14.
At the time of his arrest, Smith was a veteran patrolman who had served for 27 years on the Taunton Police Department. He resigned from the police force weeks after the abuse charges were brought against him.
Prosecutors say the abuse occurred "almost nightly" from March 2000 to March 31, 2001.
enterprise.southofboston.com/articles/2005/05/04/news/news/news10.txt