The Case Is FINALLY Over...Now I Can Talk...UPDATED
So, the case is finally over...I can finally talk about it and stuff, but I don't really feel like typing it all out, so here's an article from the Hampshire Gazette from last week when the trial began. It tells you the jist of it all:
Trial begins for two men charged in car break-ins
"NORTHAMPTON - Trial started Tuesday in the case of two Springfield men police say broke into a number of cars on Crescent Street last January.
Both Eric M. Finch, 23, and Nestor M. Cosme, 28, are facing charges of possession of a burglary tool in Hampshire Superior Court. Cosme is also charged with larceny over $250, five counts of receiving stolen property over $250, three counts of breaking and entering in the nighttime with the intent to commit a felony and two counts of receiving stolen property valued at more than $250.
Assistant Northwestern District Attorney Melissa Doran said in her opening arguments that around 5:30 a.m. Jan. 12, police came across a truck parked illegally on Crescent Street.
It had recently snowed and the officer saw two sets of footprints going from the truck to a parked car. He followed the prints from car to car until they led him to Cosme and Jason Gaulin, who were in a parking lot.
Some of the cars had snow brushed from their windows and three appeared to have been broken into. A stereo was missing from one of them.
In the truck, police could see electronic items in the back. Police roused Finch, who appeared to be sleeping in the passenger seat and asked what he was doing there. Finch, who initially gave a fake name, said that he was visiting a girlfriend but didn't know her name.
Next to him, on the floor of the drivers side, was a professional lock-picking set.
Finch's attorney, David Mintz of Hadley, said that his client was in fact sleeping and didn't take part in any crime. As for the lock-picking set, it was small and nearly under the driver's seat, Mintz said. There's no evidence that Finch knew it was in the car, he said.
''This is the case of the sleeping burglar,'' Mintz said, calling the state's evidence ''gas, guesswork, assumption and speculation.''
In his opening statements, Cosme's lawyer, Meade Burrows, also questioned whether the prosecution had met its burden of proof.
''All you have is Mr. Cosme walking in the street, stopped by police officers.'' There is no evidence linking Cosme to any of the thefts, Burrows said.
Later, after the car was impounded, police found numerous electronics, some with dashboard mounts. One of them, a stereo, was identified as having come from one of the cars, Doran said. Cosme claimed that Gaulin took the stereo. His case is awaiting trial.
The commonwealth is presenting its case today."
- KIMBERLY ASHTON, Staff Writer
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When tomorrow's newspaper comes out explaining the end result of the trial, I'll post that too and give you more details as to what happened, but in a nutshell...We found the defendant Cosme guilty on 5 of the 11 charges brought against him (one was dropped) and the defendant Finch and the charges against him were dismissed halfway through the trial.
I'm so sad it's over. We were one happy jury family, and I made some new friends :) Now I have to go back to work tomorrow. Dammit!
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1/12/05 - Ok, so here's the end result...If you want to know anything about it, just ask me :)
2 convicted in car break-ins; 3rd man acquitted
"NORTHAMPTON - Two Springfield men were convicted Monday of breaking into cars parked on Crescent Street last year. A third man who police said helped them was acquitted.
After a trial that lasted three days, a Hampshire Superior Court jury found Nestor Cosme, 28, guilty of three counts of breaking and entering in the nighttime with the intent to commit a felony and larceny over $250. The jury found him innocent of five counts of receiving stolen property over $250. The judge threw out a charges of possession of burglary tools and attempting to commit a crime for lack of evidence.
Jason Gaulin, 26, pleaded guilty to three counts of breaking and entering in the nighttime with the intent to commit a felony, four counts of receiving stolen property over $250, and one count each of receiving stolen property over $250, larceny over $250 and one count of larceny under $250. He had two counts of attempting to commit a crime dismissed.
Eric Finch, 23, was found innocent Friday of possession of a burglary tool for being in the truck with a lock-picking set. His lawyer, David Mintz, asked Superior Court Judge Mary Lou Rup to make a required innocent finding, saying that the commonwealth did not have enough evidence to convict Finch. Rup granted that request, so the Finch case never went to the jury.
According to Assistant Northwestern District Attorney Melissa Doran, in the early morning hours of Jan. 12, Cosme and Gaulin went from car to car on Crescent Street, wiping snow off them and breaking in. A stereo was stolen from one of the cars.
Police caught the two men after they noticed that a truck was parked illegally in the street and followed the footprints from the truck to Cosme and Gaulin. Finch was asleep in the truck, and police could see electronic items in it.
Later, after impounding the truck, police found several stolen electronics, including some that still had dash mounts on them, Doran said.
Rup sentenced Cosme to 18 months in the Hampshire Jail and House of Correction with one year to be served directly and the balance suspended during three years' probation. Gaulin was sentenced to 2 1/2 years in jail, to be followed by three years' probation."
- KIMBERLY ASHTON, Staff Writer
Trial begins for two men charged in car break-ins
"NORTHAMPTON - Trial started Tuesday in the case of two Springfield men police say broke into a number of cars on Crescent Street last January.
Both Eric M. Finch, 23, and Nestor M. Cosme, 28, are facing charges of possession of a burglary tool in Hampshire Superior Court. Cosme is also charged with larceny over $250, five counts of receiving stolen property over $250, three counts of breaking and entering in the nighttime with the intent to commit a felony and two counts of receiving stolen property valued at more than $250.
Assistant Northwestern District Attorney Melissa Doran said in her opening arguments that around 5:30 a.m. Jan. 12, police came across a truck parked illegally on Crescent Street.
It had recently snowed and the officer saw two sets of footprints going from the truck to a parked car. He followed the prints from car to car until they led him to Cosme and Jason Gaulin, who were in a parking lot.
Some of the cars had snow brushed from their windows and three appeared to have been broken into. A stereo was missing from one of them.
In the truck, police could see electronic items in the back. Police roused Finch, who appeared to be sleeping in the passenger seat and asked what he was doing there. Finch, who initially gave a fake name, said that he was visiting a girlfriend but didn't know her name.
Next to him, on the floor of the drivers side, was a professional lock-picking set.
Finch's attorney, David Mintz of Hadley, said that his client was in fact sleeping and didn't take part in any crime. As for the lock-picking set, it was small and nearly under the driver's seat, Mintz said. There's no evidence that Finch knew it was in the car, he said.
''This is the case of the sleeping burglar,'' Mintz said, calling the state's evidence ''gas, guesswork, assumption and speculation.''
In his opening statements, Cosme's lawyer, Meade Burrows, also questioned whether the prosecution had met its burden of proof.
''All you have is Mr. Cosme walking in the street, stopped by police officers.'' There is no evidence linking Cosme to any of the thefts, Burrows said.
Later, after the car was impounded, police found numerous electronics, some with dashboard mounts. One of them, a stereo, was identified as having come from one of the cars, Doran said. Cosme claimed that Gaulin took the stereo. His case is awaiting trial.
The commonwealth is presenting its case today."
- KIMBERLY ASHTON, Staff Writer
-------------------------------------------------------------
When tomorrow's newspaper comes out explaining the end result of the trial, I'll post that too and give you more details as to what happened, but in a nutshell...We found the defendant Cosme guilty on 5 of the 11 charges brought against him (one was dropped) and the defendant Finch and the charges against him were dismissed halfway through the trial.
I'm so sad it's over. We were one happy jury family, and I made some new friends :) Now I have to go back to work tomorrow. Dammit!
--------------------------------------------------------------
1/12/05 - Ok, so here's the end result...If you want to know anything about it, just ask me :)
2 convicted in car break-ins; 3rd man acquitted
"NORTHAMPTON - Two Springfield men were convicted Monday of breaking into cars parked on Crescent Street last year. A third man who police said helped them was acquitted.
After a trial that lasted three days, a Hampshire Superior Court jury found Nestor Cosme, 28, guilty of three counts of breaking and entering in the nighttime with the intent to commit a felony and larceny over $250. The jury found him innocent of five counts of receiving stolen property over $250. The judge threw out a charges of possession of burglary tools and attempting to commit a crime for lack of evidence.
Jason Gaulin, 26, pleaded guilty to three counts of breaking and entering in the nighttime with the intent to commit a felony, four counts of receiving stolen property over $250, and one count each of receiving stolen property over $250, larceny over $250 and one count of larceny under $250. He had two counts of attempting to commit a crime dismissed.
Eric Finch, 23, was found innocent Friday of possession of a burglary tool for being in the truck with a lock-picking set. His lawyer, David Mintz, asked Superior Court Judge Mary Lou Rup to make a required innocent finding, saying that the commonwealth did not have enough evidence to convict Finch. Rup granted that request, so the Finch case never went to the jury.
According to Assistant Northwestern District Attorney Melissa Doran, in the early morning hours of Jan. 12, Cosme and Gaulin went from car to car on Crescent Street, wiping snow off them and breaking in. A stereo was stolen from one of the cars.
Police caught the two men after they noticed that a truck was parked illegally in the street and followed the footprints from the truck to Cosme and Gaulin. Finch was asleep in the truck, and police could see electronic items in it.
Later, after impounding the truck, police found several stolen electronics, including some that still had dash mounts on them, Doran said.
Rup sentenced Cosme to 18 months in the Hampshire Jail and House of Correction with one year to be served directly and the balance suspended during three years' probation. Gaulin was sentenced to 2 1/2 years in jail, to be followed by three years' probation."
- KIMBERLY ASHTON, Staff Writer