Originally Posted by PBC FL Cop

Tuesday, May 23, 2006 Worcester T&G
Trooper will use mental illness defense

McClure charged in assaults at home
By Jean Laquidara Hill TELEGRAM & GAZETTE STAFF



LEOMINSTER— The lawyer for state Trooper Elizabeth McClure of Holden has informed court officials that her defense will include an argument she was not criminally responsible for her actions at the time of several alleged assaults because of mental disease or defect.

Ms. McClure, 46, was charged in September with assault and battery on a child, three counts of assault and battery on a police officer and disorderly conduct. The charges stemmed from police responding to a 911 hang-up call from Ms. McClure’s Holden home on Sept. 15, where she lived with her husband, James J. Cunningham Jr. and at least one child.

Ms. McClure remains free on her own recognizance pending trial, on the condition that she does not drink alcohol.

“The defendant intends to offer the expert testimony of Maureen M. Lavallee (who has a doctorate in psychology), 358 Quinapoxet St., Holden, and further states that Dr. Lavallee will rely in whole or in part on statements of the defendant as to her mental condition at the time of the alleged crime,” defense lawyer James J. Gribouski wrote in a document informing the court of his intention.

Yesterday, during a status hearing in Leominster District Court, Judge John J. Curran Jr., justice of Leominster District Court, said discovery is complete in the McClure case and a trial date will be set.

Ms. McClure, a petite woman who stood silently before Judge McCann yesterday, was in court with Mr. Gribouski for a minute-long status hearing.

According to court documents, Holden police responding on Sept. 15 arrived at the house and knocked, and were not invited inside. Police officers heard an adult and a child screaming inside, concluded someone inside could be in danger, and entered, according to court documents.

Ms. McClure was inside the house with her daughter. Police believed Ms. McClure had been drinking, according to court documents. It was unclear in court documents whether Ms. McClure’s husband, Mr. Cunningham, was inside the house when police arrived. According to court documents, the husband and wife had been arguing before police arrived. Police allege Ms. McClure was combative and committed assault and battery on three officers.

A motion to suppress evidence collected at the residence, based on police allegedly entering without probable cause, was denied by the court last month.

Unrelated charges against Ms. McClure were dismissed last fall. She had been charged with operating while under the influence of alcohol and leaving the scene of a one-car accident in Holden Sept. 5.

Ms. McClure, who has been a state trooper with Massachusetts State Police for the past 14 years, was most recently assigned to the Athol barracks. She was suspended from her job without pay Sept. 19, according to state Trooper Kara England, public information officer at state police headquarters in Framingham.