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Some evidence thrown out in case of accused weapons stockpiler

(Click here to view the original thread on the MassCops Message Board)


Posted by: kwflatbed

Judge disallows guns, knives allegedly found in Kingston searches


By SYDNEY SCHWARTZ
The Patriot Ledger


BROCKTON - Handguns, shotguns, rifles and knives allegedly found in the Kingston home and storage locker of a man accused of illegally stockpiling weapons will not be considered during his Brockton Superior Court trial next week.

Donald Govoni, 48, faces charges of unlawful firearm possession after police in 2006 allegedly found a stockpile of weapons in Kingston and in a storage locker in Pembroke. He pleaded innocent last year to 44 weapons-related charges.

But on Monday, Superior Court Judge Jeffrey Locke tossed out the evidence found in a unit Govoni rented at Storage King in Kingston and at his last known address, 14 Mountain Ash Drive in Kingston.

Locke said there was no probable cause to issue warrants for the Kingston property. Weapons found in Pembroke should still be considered in court, he said.

‘‘It takes out a good deal of the evidence,’’ Govoni’s attorney, Michael Bergeron, said Monday. ‘‘In my opinion, it’s a very solid decision in fact and law. The judge did the right thing.’’

Pembroke police began looking for Govoni in August 2006 after they allegedly found Uzi-like semiautomatic weapons, a rocket launcher, silencers and numerous ammunition magazines in a unit he rented at Stor-It Mini Warehouses on Old Oak Street.

Workers at the Pembroke warehouse discovered some of the arsenal while clearing out Govoni's three storage units for failure to pay rent, authorities said. The workers notified police.

Days later, Kingston police received warrants to search 14 Mountain Ash Drive and the Storage King. They seized two semi-automatic handguns, two shotguns, an AR-15 semiautomatic rifle, three other rifles, nine switchblade knives and 3,558 rounds of ammunition, -- among other items.

But Judge Locke said there were not enough facts in the warrant application to conclude that weapons would be found in the Kingston locations.

‘‘The only demonstrated reason to suspect that additional items existed was based on the discovery of photographs showing a male holding a machine gun and rifle, weapons that were not discovered during the Pembroke search,’’ he wrote in his opinion.

‘‘In order to find probable cause a magistrate would have to conclude that it was probable (not merely possible) that Govoni was the individual depicted in the photographs, that the weapons shown were still in Govoni’s possession, and that they were probably located in his home, shed or storage unit.’’

A Duxbury police sergeant arrested Govoni on Aug. 22, 2006. Govoni spent 11 months in jail before posting bail in July. He is living with family, his attorney said. Police said Govoni’s firearms license lapsed in 1995.
Assistant District Attorney Bridget Norton Middleton said the district attorney’s office will review the court’s decision regarding the Kingston evidence.

‘‘We anticipate going forward with the Pembroke charges,’’ she said Monday.

http://ledger.southofboston.com/arti...ews/news10.txt





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