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Clinton man held on threat allegation; Dangerousness hearing keeps Gallant in jail.


Byline: Gary V. Murray

WORCESTER - A Clinton man accused of threatening to murder a Worcester Juvenile Court juvenile court

Special court handling problems of delinquent, neglected, or abused children. Two types of cases are processed by a juvenile court: civil matters, often concerning care of an abandoned or impoverished child, and criminal matters, arising from antisocial
 judge was ordered held without bail after a dangerousness hearing yesterday in Worcester Central District Court.

Judge Andrew M. D'Angelo ordered that Scott A. Gallant remain in custody without bail for up to 90 days while awaiting trial on charges of threatening to murder Judge Carol A. Erskine, and intimidation of a witness, juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories.  or judge. Judge D'Angelo issued the order, which was requested by Assistant District Attorney Joseph A. Quinlan, after finding that no conditions of Mr. Gallant's release would ensure the safety of Judge Erskine or the community at large.

Mr. Gallant, 45, of 79 Branch St., Clinton, allegedly threatened Judge Erskine in a Nov. 8 voice mail message to lawyer Alan L. Rosenfeld, who was representing Mr. Gallant in a care and protection proceeding in Worcester Juvenile Court. The alleged death threat followed a ruling by Judge Erskine adversely affecting Mr. Gallant's right to visit his infant daughter, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 court records.

Judge Erskine's ruling came after Mr. Gallant tested positive for cocaine cocaine (kōkān`, kō`kān), alkaloid drug derived from the leaves of the coca shrub. A commonly abused illegal drug, cocaine has limited medical uses, most often in surgical applications that take advantage of the fact that, in  in a court-ordered drug test, records show. Mr. Gallant was arrested last week after Mr. Rosenfeld reported the alleged threat to court security personnel.

Mr. Quinlan called no witnesses to the stand during yesterday's hearing, instead relying on probation records from Clinton District Court and Worcester Superior Court, the case file from the care and protection proceeding, and police reports and other investigative materials to support his contention that Mr. Gallant posed a danger if released from custody.

The prosecutor prosecutor

Government attorney who presents the state's case against the defendant in a criminal prosecution. In some countries (France, Japan), public prosecution is carried out by a single office. In the U.S., states and counties have their own prosecutors.
 said Mr. Gallant had previous convictions for threatening, intimidation and robbery, and exhibited a "lack of respect for authority" in the past.

"That's the only thing this defendant will listen to, is the closing of the jail cell, to conform his behavior," Mr. Quinlan told the judge.

Mr. Gallant's current lawyer, Tom G. Vukmirovits, said there was no evidence to suggest that his client wanted his voice mail messages to be forwarded to Judge Erskine in an effort to intimidate in·tim·i·date  
tr.v. in·tim·i·dat·ed, in·tim·i·dat·ing, in·tim·i·dates
1. To make timid; fill with fear.

2. To coerce or inhibit by or as if by threats.
 her, as prosecutors contend.

While conceding con·cede  
v. con·ced·ed, con·ced·ing, con·cedes

v.tr.
1. To acknowledge, often reluctantly, as being true, just, or proper; admit. See Synonyms at acknowledge.

2.
 that Mr. Gallant has a history of mental health problems, Mr. Vukmirovits said his client was cooperative with a court-designated psychologist who evaluated him last week. Another judge later found Mr. Gallant competent to stand trial.

Mr. Vukmirovits asked the judge to set cash bail for Mr. Gallant with any conditions of release deemed appropriate by the court, including electronic monitoring and a no-contact order.

Judge D'Angelo ordered that Mr. Gallant remain in custody without bail and continued his case to Jan. 3. A hearing is scheduled that day on a motion filed by Mr. Vukmirovits seeking dismissal of the intimidation charge, a felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.  punishable pun·ish  
v. pun·ished, pun·ish·ing, pun·ish·es

v.tr.
1. To subject to a penalty for an offense, sin, or fault.

2. To inflict a penalty for (an offense).

3.
 by up to 10 years in state prison.

Mr. Vukmirovits maintains the charge should be dropped because the threat allegedly made by Mr. Gallant was in the context of a civil proceeding and not a criminal case, which he said the law requires. Mr. Quinlan disputed Mr. Vukmirovits' interpretation of the statute in question.
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Title Annotation:LOCAL NEWS
Publication:Telegram & Gazette (Worcester, MA)
Date:Dec 4, 2007
Words:508
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