October 16, 2007

Judge David Ricciardone issues ruling in Szantyr case.

Judge David Ricciardone has issued his ruling based on the motion filed by the defense during the last court hearing September 25, 2007.

During that hearing defense attorney Edward P. Ryan Jr., of Fitchburg argued that he needed additional discovery material in order to proceed regarding the latest competency evaluation of Fr John J Szantyr.

This would be the third competency evaluation since being arraigned in 2003 regarding two separate Worcester district court cases (docket 0362CR005196 docket 0362CR008722) involving four counts of indecent assault and battery on a child less than fourteen years of age. 

Dec. 16, 2004 a preliminary psychological examination was scheduled. Those results were presented to the court on February 17, 2005 redacted. The redaction according to Assistant District Attorney (ADA) Joseph J. Reilly III, occurred because former Worcester ADA Harry Quick who had joined Defense Attorney Edward Ryan in private practice failed to inform John Szantyr of his legal rights prior to the evaluation.

The Szantyr case was then scheduled for trial on July 25, 2005. On July 21, 2005 Defense Attorney Edward P. Ryan Jr., filed with the court a motion to continue the case based on a letter from Dr Raymond A. Mabasa which wrote he was a personal friend of John Szantyr and based his opinion John Szantyr was near physical exhaustion and unable to comprehend he was to stand trial. Further evaluation of the credentials of Dr Mabasa reveled he is listed in Connecticut registry of physicians as a surgeon and not a primary care physician.

ADA Joseph J. Reilly III then took a year to have another psychological examination conducted.  Worcester ADA Joseph J. Reilly III this time chose Dr John M. Murphy a neurologist from Connecticut for a psychological examination. 

On September 12, 2006 Dr John M. Murphy was only cross examined by ADA Joseph J. Reilly III.

John Szantyr who presented himself in a wheelchair was not called to testify by ADA Joseph J. Reilly III. Defense Attorneys Edward P. Ryan Jr., never exercised his right to cross examine Dr Murphy either.

On September 13, 2006 Justice Dennis J. Brenan issued his ruling in which he wrote at the conclusion of the testimony that the Commonwealth agreed the defendant John Szantyr is not now competent to stand trial.

Photos in 2006, a private investigators report of April 2007 and a Television interview last month asserts in fact John Szantyr was indeed still active in his community appearing competent to the average reasonable person.

During the April 27, 2007 motion hearing, the first time Judge David Ricciardone presided in this case, defense attorney Edward P. Ryan Jr., attempted to have all criminal charges dismissed. It was agreed between the defense and the prosecution that yet another psychological examination would be conducted regarding the current competency of John Szantyr.

In a June 3, 2007, in a Worcester Telegram newspaper article, Early returns are generally good New DA gets plaudit, some criticism. Mr. Early said that he recently told the assistant district attorney who Mr. Conte assigned to prosecute the case, Joseph J. Reilly III, to pick up the pace. The DA promised that it (Szantyr case) would go to trial by August.

On August 20, 2007 both criminal plaintiffs and eleven others from three different States attended the hearing based on the word of district attorney Joseph Early. When the Szantyr case was called ADA Joseph J. Reilly III stated he could not locate the ‘overnight” delivery containing the latest evaluation by Dr Malcolm Rogers, a forensic psychologist again chosen by ADA Joseph J. Reilly III.

Due to the district attorney’s office failure to produce the document the Szantyr case was once again continued until September 25, 2007.

On September 25, 2007 Worcester District court Judge David Ricciardone after hearing arguments in regards to the motion filled on September 19, 2007, regarding the now located evaluation by Dr Malcom Rogers, took the motion “under consideration”.

Judge David Ricciardone issued his ruling on September 26, 2007. He denied points one and two, all correspondence and emails between the office of the district attorney and Dr Rogers. All handwritten notes, tape recordings and drafts made by Malcom Rogers during his examination of John Szantyr.

Judge David Ricciardone did allow points three through seven. Copies of any and all documents, authorizations, pictures, writings or any type of descriptions executed, drawn or made by the defendant. Copies of any materials or documents reviewed by Dr Rogers. The description of the “Mini Mental status examination”. A list of all cases Dr Rogers has testified as an expert witness at the request of the Commonwealth, and list of all cases testified to for a defendant charged by the Commonwealth.

All discovery material was to be supplied to the defense by October 12, 2007.

The next scheduled court hearing is November 19, 2007.