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Discussion Starter · #1 ·

Ed Hopfmann/Daily News staff
Mark D'Valentine

By Michelle Laczkoski/Daily News staff
GHS
Posted Aug 25, 2008 @ 09:40 PM

Prosecutors fought to keep a Franklin man behind bars yesterday, saying he had carefully planned an attack on his estranged wife's boyfriend and was a danger to the public, but they were rebuffed and the suspect will be released on $1,000 bail.
A judge yesterday set conditions for Mark D'Valentine, 49, to be released on bail after lawyers argued about whether he is a danger. D'Valentine must find a new home since his current address is with his wife. He must move to a home with a land line phone service so he can be electronically monitored. When he moves he will be released.
D'Valentine was arrested Thursday morning after police said he formulated an extensive "to-do list," put on a mask, broke into a Bellingham house and sprayed a chemical substance on a man sleeping inside the house.
The victim told police he awoke after 4 a.m. to D'Valentine attacking him with a rubber mallet. The substance sprayed in the victim's eyes "burned and blurred his vision," he told police.
Neighbors became involved in the fight once the struggle between D'Valentine and the victim spilled into the kitchen and onto a back deck.
Police said D'Valentine attacked two male neighbors, who came outside in response to the commotion. One was left with a bloody nose and the other told police he was attacked with a screwdriver.
Investigators believe they have unraveled D'Valentine's plan, after gathering lists and materials left behind at the crime scene.
One list included tasks such as "fix screen, porch light off, shower on, fan on," according to court records.
Police concluded D'Valentine was going to assault the victim with a shower control knob and then put him in the shower.
"It would appear that the victim had fallen in the shower and struck his head," court documents read.
The liquid substance D'Valentine allegedly used to spray the victim was sent to the state crime lab for testing. Police believe it was bleach or a similar cleaning substance.
Further investigation has revealed "D'Valentine knows (the victim) is a musician and his sight is very important to his livelihood," according to an affidavit filed in Milford District Court.
D'Valentine was held without bail following Thursday's arraignment. A judge decided yesterday to release D'Valentine from jail with electronic monitoring.
Prosecutors yesterday hoped to keep D'Valentine behind bars, citing his premeditated and aggressive attack. The victim, who was treated for his injuries at Milford Regional Medical Center, has since been released, he said.
"Extensive planning took place," Assistant District Attorney Christopher Hodgens said during D'Valentine's dangerousness hearing yesterday. "The commonwealth cannot give assurance he will not pose a danger (to the public)," he said.
Judge Andrew D'Angelo took the recommendation of D'Valentine's attorney, David Schulman, in releasing him.
"The length of planning was quite extensive, so there's certainly a risk," D'Angelo said. "But the commonwealth does not meet the burden for setting no condition of bail."
In arguing for bail, Schulman stressed D'Valentine had no criminal record. He portrayed his client as a dedicated father of two and conscientious worker employed as a mechanical engineer at Raytheon.
D'Valentine's wife described him as a "quiet man who keeps to himself," according to a police report.
She told police the couple is involved in divorce proceedings, and she filed a restraining order following the attack, court records show. D'Valentine was slated to receive his divorce papers on Thursday, the day of the attack, according to the prosecutor.
"Adultery, infidelity was thrust in his face," Schulman said. "No one knows how someone could react given that situation."
Hodgens said D'Valentine using his intelligence "for the wrong purpose" is a great risk.
D'Angelo set bail for D'Valentine at $1,000 and ordered him to wear an electronic monitor upon his release. He is also ordered to stay away from the victims and only leave his home for work and court appearances.
D'Valentine, of 9 Cooper Drive, was arrested around 5 a.m. Thursday, police said. He said little during police questioning.
"I can't tell you why I did what I did, I can't tell you the truth," he told police, according to court documents.
He is charged with assault and battery with a dangerous weapon, armed assault in a dwelling, home invasion, breaking and entering in the nighttime for a felony and disturbing the peace, police said.
Police filed additional charges of mayhem, assault and battery and assault and battery with a dangerous weapon on a person over 60 stemming from his attack on one of his neighbors, according to court records.
D'Valentine could face "significant prison time" if convicted, Hodgens said.
He is scheduled back in court Sept. 19.

http://www.milforddailynews.com/news/x594222689/Mallet-attack-suspect-will-be-released-on-bail
 

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Gotta love liberal Mass..$1000.00 bail and an ankle bracelet. This guy has nothing to loose why not go and finish the job?
 

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Discussion Starter · #3 ·
Bail conditions softened for mallet attack suspect


Allan Jung/Daily News staff
Mark D'Valentine

By Michelle Laczkoski/Daily News staff
GHS
Posted Sep 30, 2008 @ 01:12 AM

MILFORD -
A judge yesterday altered bail conditions for a Franklin man accused of breaking into his estranged wife's boyfriend's house and attacking him with a rubber mallet.
Mark D'Valentine, 49, will be allowed to leave his newly rented Milford apartment to attend court hearings, meet with lawyers and run errands for two hours each week.
Judge Andrew D'Angelo accepted defense attorney Janice Bassil's request at a pretrial conference in Milford District Court yesterday morning.
"I'm just looking for a few windows of release," Bassil said, explaining her motion.
D'Valentine was arrested last month after police said he formulated an extensive "to-do list," put on a mask, broke into a house at 37 Douglas Drive in Bellingham and sprayed a chemical substance on a man sleeping inside the house and hit him with a rubber mallet.
Police said D'Valentine then attacked two male neighbors and fled.
D'Valentine, of 9 Cooper Drive, is facing charges of armed assault in a dwelling, two counts of assault and battery with a dangerous weapon, two counts of assault and battery, mayhem, home invasion, breaking and entering in the nighttime for a felony, disturbing the peace.
He was released on $1,000 cash bail, hooked up with an electronic monitor and ordered to stay away from the victims and only leave home for court appearances and work.
Despite objection from prosecutors, the judge said D'Valentine could now leave his apartment for meetings with his attorneys and court appearances, including an upcoming scheduled hearing in Norfolk Probate and Family Court.
D'Valentine may also run personal errands for two hours each week if the probation department is able to convert his tracking device from electronic monitoring to a global positioning system.
A probation officer in court yesterday said the conversion would take a few days.
Assistant District Attorney Christopher Hodgens said the change would "chip away" at the judge's imposition from a previous dangerousness hearing.
Hodgens suggested alternatives such as grocery delivery services and lawyers' willingness to make a house call.
D'Valentine is scheduled back in court Oct. 30.

http://www.milforddailynews.com/news/x425549654/Bail-conditions-softened-for-mallet-attack-suspect
 

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Discussion Starter · #4 ·
Mallet attack case goes to Superior Court

By Michelle Laczkoski/Daily News staff
GHS
Posted Oct 28, 2008 @ 01:26 AM

WORCESTER -
A grand jury indicted a Franklin man earlier this month on several charges stemming from a August home invasion where police said he attacked his estranged wife's boyfriend.
Mark D'Valentine, 49, was indicted by a Worcester Superior Court grand jury on Oct. 14, said Tim Connolly, spokesman for the district attorney's office.
Police said D'Valentine formulated an extensive "to-do list," put on a mask, broke into a house at 37 Douglas Drive in Bellingham and sprayed a chemical substance on a man sleeping inside the house and hit him with a rubber mallet.
The substance sprayed in the victim's eyes "burned and blurred his vision," he told police.
Police concluded D'Valentine planned to assault the victim with a shower control knob and then put him in the shower.
"It would appear that the victim had fallen in the shower and struck his head," court documents revealed.
After D'Valentine left the Douglas Drive home, he attacked two male neighbors, one of whom is elderly, and fled, police said.
In Superior Court, D'Valentine faces several charges, including assault and battery, assault and battery on a person over 60, armed assault with intent to murder, mayhem, home invasion, two counts of assault and battery with a dangerous weapon and armed burglary.
D'Valentine, of 9 Cooper Drive, is free on $1,000 cash bail and was ordered to stay away from the victims and only leave an apartment he rents in Milford for court appearances and personal errands for two hours each week.
An arraignment date in Worcester Superior Court has not yet been set, Connolly said.

http://www.milforddailynews.com/news/x2009550390/Mallet-attack-case-goes-to-Superior-Court
 
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