Lawyer for ‘social host’ suspect says police withheld evidence
By Kim Ring TELEGRAM & GAZETTE STAFF
Jun 22, 2007
EAST BROOKFIELD— The lawyer for a Warren man charged with letting teenagers drink at his home the night one was killed in a car crash has asked for a dismissal, citing “egregious, intentional withholding of evidence” by a Warren police officer.
The lawyer for Marc T. Holly, 47, of Bemis Road, Warren, charged that Officer Mark J. Chase intentionally kept a witness statement from him because it contained “exculpatory evidence” that could help prove his client’s innocence. While police allege that Mr. Holly was at home when the party took place, Mr. Erlich has said other witnesses can refute that testimony.
A judge is reviewing a motion to dismiss the case.
The crash killed Abbigayle Perrin, 19, on Dec. 30, 2005. She was a passenger in a car allegedly driven by her friend, Autumn Motyka, when the crash occurred on Route 67 in Palmer.
The case was slated for trial yesterday but was delayed after prisoners, including Mr. Holly, arrived late from the Worcester County Jail and House of Correction in West Boylston.
Witness Zachary A. Robidoux testified earlier this year that he had provided a written statement indicating Mr. Holly did not imbibe with the teens the night of the crash. But at that court appearance, Mr. Erlich said he had not seen the statement, nor had a copy been provided to prosecutor John F. Kennedy. Officer Chase told the court he could not remember taking the statement or whether he asked Mr. Robidoux to come to the station when he stopped him a day earlier.
Mr. Erlich said yesterday that Hampden County Assistant District Attorney James Forsythe read a newspaper story about the case and was “surprised” at Officer Chase’s testimony that he did not remember taking the statement, because the officer had brought a copy to his Springfield office to be used in a case against Miss Motyka. Mr. Forsythe provided a copy to Mr. Kennedy.
In another motion, Mr. Erlich asked the court to prevent some potential witnesses from testifying because they were introduced “on the eve of trial.” He said that despite repeated requests, Warren police failed to provide information about whom they had interviewed in the case.
He said he is concerned about why he has encountered difficulties in getting information from police.
“I can’t fathom why the officer failed to provide the information but I am starting to get a clearer picture,” he said.
He did not elaborate.
Judge Charles A. Abdella said he would consider the motions.
Mr. Holly continues to be held after testing positive for cocaine use at his May court appearance in violation of his pretrial probation. His trial has now been set for July 10.
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