Word: probationers
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Instead, Judge Peter W. Agnes Jr. sentenced Gomes to five years probation and Pomey to two, ignoring the district attorney’s request that the two serve jail time.
Under the Brandano procedure, the judge would reject the plea of guilty, offer pre-trial probation, continue the case for a period of two years and ultimately dismiss the case without a final finding.
After the hearing, Pomey and Gomes filled out papers in the probation office. Pomey laughed with her lawyers as Gomes stood solemnly and mostly silent. The two defendants never spoke to each other.
The criminal penalty for larceny over $250 in Massachusetts is up to five years in prison and restitution to the victim. However, lawyers for Gomes and Pomey argued Friday that Agnes should follow the precedent of Commonwealth v. Brandano, a 1971 Massachusetts Supreme Judicial Court case. Under that procedure, the...
Allowing Gomes and Pomey this escape would be a judicial farce—a denial of the basic idea that felony larceny carries long-term consequences. The punishment for their admitted theft must be more permanent than repayment of the stolen funds and two years’ probation. The prosecutor?...