Tuesday, September 23, 2008 12:15 PM EDT
Mageau appeals guilty verdict
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Judge’s order that Charlestown official seek anger management counseling is on ice while Mageau pursues jury trial in assault case.
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![]() Judge’s order that Mageau seek anger management counseling is on ice while he pursues jury trial. |
Acting Town Council President James M. Mageau will appeal a judge’s ruling Monday that found him guilty of simple assault and would require anger management counseling.
Mageau’s sentence, however, is stayed while he appeals to the Superior Court for a trial by jury.
The charge stems from an incident at Town Hall on July 14, when Mageau struck a camera held by Cliff Vanover. During his one-day trial last week, Mageau, who is running for re-election, said he felt threatened when he suddenly encountered Vanover after rounding a corner in Town Hall and reacted out of fear.
But Associate District Court Judge William C. Clifton called Mageau’s claim of selfdefense “nonsense,” adding he just couldn’t see how a camera could be so frightening.
“I’ve been trying for the life of me to determine why someone holding a small camcorder poses an imminent threat,” Clifton said.
If that were truly the case, the judge continued, Mageau would feel threatened by the cameramen that were present in the courtroom.
“That’s nonsense. That’s illogical. It makes no sense,’’ Clifton said.
Clifton sentenced Mageau to attend anger management classes, telling the controversial town councilman that he has a “volatile, confrontational personality.” He rejected a request from the town’s attorney, Patrick Sullivan, that Mageau be placed on probation, and instead filed his case for one year. That means if Mageau keeps the peace for the next 12 months and attends his anger management classes, the case goes away. He was also ordered to stay away from Vanover, except at Town Council meetings. Simple assault is a misdemeanor.
Clifton told the 69-year-old Mageau it was apparent just from the videos that were played during his trial that “you have a problem managing your temper.’’
But after the sentencing, Mageau denied he had an anger problem, and he appealed Clifton’s decision to Superior Court, where he is entitled to a jury trial. He said he has admitted “time and time again’’ that sometimes his responses aren’t always “politically correct.’’ Then, Mageau started to talk of love. Anger, he said, is like love, in that they are both human emotions.
“Do I need love management?’’ he asked.
Mageau’s attorney, Richard Corley, said he expected Mageau would be found not guilty by a jury of his peers. In the meantime, while the appeal is pending, Mageau will not have to attend anger management classes, Corley said.
All three members of the four-member Town Council were present when Clifton announced his decision. Afterwards, in the hallway, councilman Bruce Picard and councilwoman Katharine Waterman declined comment, but councilwoman Harriett Allen said she agreed with Clifton’s decision.
“He should have been convicted, of course,” said Allen.
“I’ve always said he’s a violent man and it’s not appropriate for him to be on the council,’’ Allen said.
Noting that Mageau had once been convicted of assaulting Charlestown resident John LaChapelle, a case that has since been expunged, Allen said, “Same ole, same ole. It’s history repeating itself.”
Before announcing his decision, Clifton gave lawyers for both sides the opportunity to make final arguments. Corley spoke first, reiterating what he said at trial; namely, that the legal definition of assault requires the unlawful touching of a person and that there was no evidence introduced during the trial to show that Mageau had ever touched Vanover. His camera, yes, but not his body.
“I’ll be very brief. He was charged with assault and battery and there was no assault and battery,’’ Corley said.
Corley went on to ask Clifton to consider the “demeanor” of Vanover, when he testified last week, saying Vanover proved himself to be a political adversary of Mageau’s and not a “neutral victim.” Noting that Vanover is a member of the Charlestown Citizens Alliance, a group that opposes Mageau’s re-election, and that he has opposed Mageau on many recent issues, Corley said, “Mr. Vanover obviously has bad blood toward my client. He obviously wants to see him ousted.”
In response, Clifton said it was clear to him that the relationship between Mageau and Vanover was “not harmonious, to say the least,” and that it hadn’t been for some time. But it wasn’t his job to examine their relationship, Clifton said, only to determine whether an assault had been committed.
On that issue, Sullivan argued that it wasn’t only Vanover who testified at trial, that two other people also testified that they saw Mageau strike Vanover’s camera. As for Mageau’s claim that he was afraid, Sullivan reminded the court of Mageau’s voice on the video, saying “Get that camera out of my face.’’
“That doesn’t sound like someone who’s afraid to me,” Sullivan said.
Given an opportunity to address the court, Mageau told Clifton that when he testified that he had felt threatened and fearful on July 14, it was because of several events that led up to that night and not just because he encountered a man with a camera in the hallway of Town Hall.
“It was a litany of things,” Mageau said.
But Clifton said he had already heard that at trial. Furthermore, he said, “You did not appear to be alarmed or afraid as I watched the video.’’
In addition to the anger management classes and the one-year filing, the judge ordered Mageau to pay Vanover for the damage to his camera. He released Mageau on $1,000 personal recognizance pending his Superior Court appeal.
Mageau’s sentence, however, is stayed while he appeals to the Superior Court for a trial by jury.
The charge stems from an incident at Town Hall on July 14, when Mageau struck a camera held by Cliff Vanover. During his one-day trial last week, Mageau, who is running for re-election, said he felt threatened when he suddenly encountered Vanover after rounding a corner in Town Hall and reacted out of fear.
But Associate District Court Judge William C. Clifton called Mageau’s claim of selfdefense “nonsense,” adding he just couldn’t see how a camera could be so frightening.
“I’ve been trying for the life of me to determine why someone holding a small camcorder poses an imminent threat,” Clifton said.
If that were truly the case, the judge continued, Mageau would feel threatened by the cameramen that were present in the courtroom.
“That’s nonsense. That’s illogical. It makes no sense,’’ Clifton said.
Clifton sentenced Mageau to attend anger management classes, telling the controversial town councilman that he has a “volatile, confrontational personality.” He rejected a request from the town’s attorney, Patrick Sullivan, that Mageau be placed on probation, and instead filed his case for one year. That means if Mageau keeps the peace for the next 12 months and attends his anger management classes, the case goes away. He was also ordered to stay away from Vanover, except at Town Council meetings. Simple assault is a misdemeanor.
Clifton told the 69-year-old Mageau it was apparent just from the videos that were played during his trial that “you have a problem managing your temper.’’
But after the sentencing, Mageau denied he had an anger problem, and he appealed Clifton’s decision to Superior Court, where he is entitled to a jury trial. He said he has admitted “time and time again’’ that sometimes his responses aren’t always “politically correct.’’ Then, Mageau started to talk of love. Anger, he said, is like love, in that they are both human emotions.
“Do I need love management?’’ he asked.
Mageau’s attorney, Richard Corley, said he expected Mageau would be found not guilty by a jury of his peers. In the meantime, while the appeal is pending, Mageau will not have to attend anger management classes, Corley said.
All three members of the four-member Town Council were present when Clifton announced his decision. Afterwards, in the hallway, councilman Bruce Picard and councilwoman Katharine Waterman declined comment, but councilwoman Harriett Allen said she agreed with Clifton’s decision.
“He should have been convicted, of course,” said Allen.
“I’ve always said he’s a violent man and it’s not appropriate for him to be on the council,’’ Allen said.
Noting that Mageau had once been convicted of assaulting Charlestown resident John LaChapelle, a case that has since been expunged, Allen said, “Same ole, same ole. It’s history repeating itself.”
Before announcing his decision, Clifton gave lawyers for both sides the opportunity to make final arguments. Corley spoke first, reiterating what he said at trial; namely, that the legal definition of assault requires the unlawful touching of a person and that there was no evidence introduced during the trial to show that Mageau had ever touched Vanover. His camera, yes, but not his body.
“I’ll be very brief. He was charged with assault and battery and there was no assault and battery,’’ Corley said.
Corley went on to ask Clifton to consider the “demeanor” of Vanover, when he testified last week, saying Vanover proved himself to be a political adversary of Mageau’s and not a “neutral victim.” Noting that Vanover is a member of the Charlestown Citizens Alliance, a group that opposes Mageau’s re-election, and that he has opposed Mageau on many recent issues, Corley said, “Mr. Vanover obviously has bad blood toward my client. He obviously wants to see him ousted.”
In response, Clifton said it was clear to him that the relationship between Mageau and Vanover was “not harmonious, to say the least,” and that it hadn’t been for some time. But it wasn’t his job to examine their relationship, Clifton said, only to determine whether an assault had been committed.
On that issue, Sullivan argued that it wasn’t only Vanover who testified at trial, that two other people also testified that they saw Mageau strike Vanover’s camera. As for Mageau’s claim that he was afraid, Sullivan reminded the court of Mageau’s voice on the video, saying “Get that camera out of my face.’’
“That doesn’t sound like someone who’s afraid to me,” Sullivan said.
Given an opportunity to address the court, Mageau told Clifton that when he testified that he had felt threatened and fearful on July 14, it was because of several events that led up to that night and not just because he encountered a man with a camera in the hallway of Town Hall.
“It was a litany of things,” Mageau said.
But Clifton said he had already heard that at trial. Furthermore, he said, “You did not appear to be alarmed or afraid as I watched the video.’’
In addition to the anger management classes and the one-year filing, the judge ordered Mageau to pay Vanover for the damage to his camera. He released Mageau on $1,000 personal recognizance pending his Superior Court appeal.
Jury is in wrote on Sep 25, 2008 10:40 AM:
" We The Jury find Mageau guilty as charged!
3 years probation, 30 hours community service and anger management classes.
OK that is what might happen if he does get a Jury of his peers, the law is very plain in this case, A Jury' duty is to find reasonable doubt, there is none.
The evidence is a bit overwhelming against Mageau. This is a very bad move on his part, as the penalty could indeed be alot worse. Perhaps his lawyers stratigery is to wave his right to a jury trial at the last minute, that might backfire as well. Filing was his best bet at putting this behind him, now he is only prolonging his sentence. Very strange behavior indeed. "
3 years probation, 30 hours community service and anger management classes.
OK that is what might happen if he does get a Jury of his peers, the law is very plain in this case, A Jury' duty is to find reasonable doubt, there is none.
The evidence is a bit overwhelming against Mageau. This is a very bad move on his part, as the penalty could indeed be alot worse. Perhaps his lawyers stratigery is to wave his right to a jury trial at the last minute, that might backfire as well. Filing was his best bet at putting this behind him, now he is only prolonging his sentence. Very strange behavior indeed. "
Bill wrote on Sep 24, 2008 10:56 PM:
" The only people who support Mageau are those who are tied to the developers who with Mageau's help were almost able to remove all zoning ordinances on the town books. Mageau filed false police reports against townspeople, violated open meeting laws 4 or 5 times and would have continued to do so had he not been constantly watched and challenged. Is that a champion of the people?
Don't even get me started about the hate mail he sent attacking a little old lady
now he wants to spend taxpayer money to fight this up to the Supreme Court he said - great - what a champion of the taxpayers he is!
He tried to push the $2 million Blue Shutters pavillion through without your vote too - nice champion of the taxpayers!
If this guy does us any more favors he's going to tax all the middle class people out of town "
Don't even get me started about the hate mail he sent attacking a little old lady
now he wants to spend taxpayer money to fight this up to the Supreme Court he said - great - what a champion of the taxpayers he is!
He tried to push the $2 million Blue Shutters pavillion through without your vote too - nice champion of the taxpayers!
If this guy does us any more favors he's going to tax all the middle class people out of town "
outsider wrote on Sep 23, 2008 5:17 PM:
" ...Circus he creates along with getting a job done a lot of the time...This man is very smart...does he need some work on his delivery?? Perhaps(!)I would have swatted the camera out of my face too.Guess what...they antagonize him.He does and says what a lot of people want to but don't because they are too afraid...and he is right most of the time. "
Mike wrote on Sep 23, 2008 2:20 PM:
" Please resign and take your punishment like a man. That way we don't have to keep reading about the circus you create! "
Kathy wrote on Sep 23, 2008 2:04 PM:
" What a bunch of Hypocrits! Everyone gets mad, who you trying to kid? The man's almost 70 years old...what do you expect? He has a control problem not an anger problem. MOST men love control! He's no different from anyone else. The paparizzi should keep the're distance from there victims. "
Go figure! wrote on Sep 23, 2008 2:02 PM:
" This guy just don't get it does he. Wasting the courts time and the jury's time with an appeal that will end in the same verdict. Guilty!!! "
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