Published: 10/24/2007
Man denies trying to run down selectman By Julie Manganis Staff writer
MIDDLETON - A North Andover man was arraigned yesterday on charges that he twice tried to run down a Middleton selectman one morning in August.
John Torname, 39, pleaded not guilty to two counts of assault and battery with a dangerous weapon - his pickup truck and a motorcycle - during an appearance yesterday morning in Salem District Court.
The charges stem from an incident on the morning of Aug. 11, when Selectman Christine Lindberg called police twice to report that Torname had driven at her.
Torname has alleged that Lindberg interfered with his marriage. Torname and his wife are in the midst of a divorce and custody proceeding in the Probate and Family Court.
The first call came at 10:30 a.m., in which Lindberg said she was walking her dog on Essex Street and saw Torname's truck approaching her. As the truck was about to pass, Lindberg told police, the driver suddenly swerved toward her and "narrowly missed hitting me," she said in a statement.
An "extremely shaken" Lindberg immediately called police to report the incident.
About 20 minutes later, on School Street, Lindberg saw a blue motorcycle approaching.
"As it was getting closer, I saw that it was John Torname operating the motorcycle," she told police. "He aimed the motorcycle at me and drove within inches of me, again almost hitting me. He then drove away." She immediately called the police, fearing for her safety, according to the report.
Police Sgt. James DeCosta said in his report that Lindberg was "out of breath and sounded like she was on the verge of crying" in those calls.
Police initially offered to seek charges against Torname that day, but Lindberg asked them to wait until she could discuss it with her lawyer.
Later that same day, Torname, who has been living with his parents at 82 Linden Ave. in North Andover, was questioned by police. He immediately asked the officer, "Has this got to do with my wife?" When told it did not, Torname asked, "Has this got to do with the other one?" - a reference to Lindberg.
Torname acknowledged that he was on Essex Street, which intersects with School Street, twice that morning, the first time to drop off his truck at Pace Auto to be detailed and then to bring a motorcycle in to have a scratch repaired.
And he acknowledged seeing Lindberg, according to the police report, but said he simply went around her and went home.
He told DeCosta that he goes out of his way to avoid Lindberg, because of an upcoming custody hearing, and then suggested she was making the allegations to prevent him from getting custody of his children.
Criminal charges were issued against Torname last month following a closed-door hearing before a clerk magistrate.
During yesterday's arraignment, prosecutor Elizabeth Satelmajer asked a judge to order Torname to have no contact with and stay away from Lindberg.
His lawyer, Donna Silva, objected to the request, saying that Torname is a contractor who needs access to all roads in Middleton, then mentioning that Torname's and Lindberg's children are often at the same sporting events.
She also told Judge Sabita Singh that there is already an order from the Probate and Family Court regarding contact between the two - an assertion countered by Nancy Torname's lawyer, who also moved yesterday to renew a restraining order against John Torname. Nancy Torname's lawyer said the "order" Silva referred to in court was a temporary agreement between the parties and not a permanent order of the court.
While Singh did not order Torname to stay away from Lindberg, the judge did order him not to abuse her, defining abuse in this case as "anything intended to intimidate" her.
She also warned him that if he gets into any further trouble, the terms of his release will be revoked and he'll be held without bail.
Lindberg and Torname had sought restraining orders against each other through the district court earlier this year but were told that they do not qualify for such an order because there is no direct relationship between the two.
If convicted, Torname could face up to 21/2 years in jail or 10 years in state prison and $5,000 in fines.
He's due back in court Nov. 21, when he plans to ask a judge to appoint a lawyer to represent him, because he contends he is indigent and cannot afford a lawyer. Silva is representing him in the divorce.
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