Friday August 17, 2012

PITTSFIELD -- Under heavy guard, the last of three men accused in a triple-murder case that has riveted the county was arraigned Thursday in Berkshire Superior Court for a second time after being re-indicted by a grand jury in the slaying of three Pittsfield men last August.

David Chalue, of North Adams, pleaded not guilty Thursday to the same charges he originally was indicted on in October: three counts each of murder, kidnapping and witness intimidation.

Frederick A. Lantz, spokesman for the Berkshire District Attorney's Office, said that because the investigation is ongoing, the case was presented for a second time to the grand jury, and new indictments -- which supersede the originals -- were brought against the three men last week. Lantz declined to elaborate on the need to present the case again.

Chalue, 45, of North Adams, along with Adam Lee Hall of Peru and Caius Veiovis of Pittsfield, are accused of kidnapping and killing Pittsfield residents David Glasser, Edward Frampton and Robert Chadwell.

Hall, 35, and Veiovis, 32, were re-arraigned Aug. 10. Veiovis' charges did not change and are the same as Chalue's.

Hall had another count of witness intimidation added to his charges for allegedly threatening someone while he was incarcerated.

All three men remain behind bars without bail.

On Thursday, Chalue -- his hair now covering the skull tattoos that adorn the back of his head -- slowly scanned the courtroom as he stood by his court-appointed attorney, Donald W. Frank, while court security, backed by members of several area police agencies, stood nearby.

"I have serious objections to this procedure," Frank told the court.

According to Frank, the same grand jury that indicted his client in October indicted Chalue again on the same charges, a situation that Frank believes is problematic. It is unusual for the same grand jury to hear the same case twice.

In court Thursday, Frank also brought up Chalue's right to a speedy trial. Frank pointed out that the case is nearly a year old and said the clock should not re-start just because the DA's office decided to re-indict his client.

When reached by phone, James Gavin Reardon Jr., who represents Veiovis, said his objections were similar to Frank's.

Frank, Reardon and William A. Rota -- Hall's attorney -- filed motions to dismiss the charges against their clients in late June. Less than two weeks later, the case again was brought to the grand jury.

The defense attorneys originally were scheduled to argue the motions on Thursday, but because of the new indictments, the hearing was canceled.

The attorneys have asked that the motions to dismiss remain in place.

First Assistant Berkshire District Attorney Paul J. Caccaviello said all issues would be addressed in a hearing scheduled for Sept. 20.

In an unusual move, none of the defendants' arraignments was listed in the daily court calendar. According to the Superior Court Clerk's Office, Judge Rup had impounded "everything" until after Chalue's re-arraignment, including keeping the names off the calendar.

The three victims in the case were last seen Aug. 28. Their remains were discovered 12 days later buried in a trench in Becket.

Police say Glasser was killed to keep him from testifying against Hall, a reputed local Hells Angel, while the other men were killed so there would be no witnesses.

A fourth defendant, 63-year-old David Casey of Canaan, N.Y., has been charged as an accessory to the crimes for allegedly helping to bury the bodies. He remains behind bars on $1 million bail.

Berkshire District Attorney David F. Capeless was on vacation Thursday and was unavailable for comment.