Sunday November 11, 2012

PITTSFIELD -- The more than year-old triple murder case against a reputed member of the Hells Angels and three other men has crawled through the court system with delay after delay -- from the swapping of lawyers to a reindictment of the defendants -- and still could be at least a year from conclusion.

While defense attorneys in the case won't speculate as to when it might go to trial, a source familiar with the case said the proceeding likely is still far off.

"I would be shocked if it gets tried in 2013," said the source, who requested anonymity.

Defense attorneys said they hope to get some clarification at a Dec. 10 hearing in Berkshire Superior Court. District Attorney David F.

Berkshire District Attorney David F. Capeless attends the arraignment of Adam Lee Hall, David Chalue and Caius Veiovis. The next scheduled step in the case
Berkshire District Attorney David F. Capeless attends the arraignment of Adam Lee Hall, David Chalue and Caius Veiovis. The next scheduled step in the case is a hearing Dec. 10. (Ben Garver / Berkshire Eagle Staff)
Capeless has declined to speak with The Eagle about the hearing.

"Hopefully we can set some target dates [on Dec. 10]. It's complicated ... but at some point we have to move forward," said defense attorney James Gavin Reardon Jr.

With no trial date set, it's possible there will be separate trials for the four suspects charged in the case, and each proceeding could be held outside of Berkshire County, according to Donald W. Frank, another lawyer in the case.

Adam Lee Hall, 35, of Peru, David Chalue, 45, of North Adams, and 32-year-old Caius Veiovis of Pittsfield are accused of kidnapping and killing Pittsfield residents David Glasser, Edward Frampton and Robert Chadwell in August 2011.

Since being indicted and arraigned on three counts each of murder, kidnapping and witness intimidation in October 2011, the three suspects have seen their cases progress slowly, and all three men remain in jail without the right to bail and have pleaded not guilty to the charges.

Police began investigating after Glasser, Frampton and Chadwell disappeared Aug. 28 from Glasser's apartment at 254 Linden St. in Pittsfield. The men's dismembered bodies were found buried in a trench on private property in Becket on Sept. 10.

Police began investigating after Glasser, Frampton and Chadwell disappeared Aug. 28 from Glasser's apartment at 254 Linden St. in Pittsfield. The men's dismembered bodies were found buried in a trench on private property in Becket on Sept. 10.

David Casey, 64, of Canaan, N.Y., allegedly used his excavator to help bury the bodies. He pleaded not guilty to accessory after the fact, saying Hall, a Hells Angel, intimidated him into helping with the burial. Casey remains behind bars on $1 million bail.

Police say Hall carried out the slaying to prevent Glasser from testifying against him in an upcoming trial; Frampton and Chadwell allegedly were killed to keep them from being witnesses to the Glasser killing.

David Chalue is arraigned on murder charges on Sept. 12, 2011. Hall and Caius Veiovis also were arraigned that day.
David Chalue is arraigned on murder charges on Sept. 12, 2011. Hall and Caius Veiovis also were arraigned that day. (Ben Garver / Berkshire Eagle Staff)

Two attorneys in the case -- Frank, who represents Chalue, and Thomas J. Donohue Jr., the lawyer for Casey -- said the latest roadblock to moving ahead is the appointment of a new attorney to represent Hall.

Discovery material has poured in since police started their investigation in August of 2011. By January of 2012 there were 141 computer disks with video and audio files and hundreds of pages of documents.

Attorneys say material still is coming in.

"It takes us at least as long to go through it as it takes for [law enforcement] to produce it," said Reardon, who represents Veiovis.

In addition, three original lawyers in the case were replaced for various reasons. The most recent change: the appointment of Alan J. Black of Northampton to represent Hall after William A. Rota stepped down two months ago because of irreconcilable differences between him and Hall.

While Hall was awaiting trial, he met with police without Rota's knowledge and revealed the defense strategy in an apparent attempt to vindicate himself.

The Eagle source who is familiar with the case said it wouldn't be surprising if Hall's lawyer attempts to suppress the statements Hall made to the state police.

According to Reardon and Frank, the biggest delay in trying the case was the reindictment of Hall, Chalue and Veiovis by the Berkshire District Attorney's Office this past August.

Capeless resubmitted the case to the same grand jury that originally indicted the men. The move might have been made to patch any holes in the case, according to two law professors interviewed by The Eagle in August.

The resubmission came just after the defense attorneys filed motions to dismiss the charges against their clients. The two law professors said the move wasn't unheard of. A representative of the DA's office said only that the case was re-presented to the grand jury because of the ongoing nature of the investigation.

Frank -- Chalue's attorney -- said the reindictments could cause further delays in the case.

While attorneys on both sides have been tight-lipped -- Capeless refused an interview request for this story and has pushed successfully in court to have all records sealed -- a variety of motions are expected, possibly as early as the Dec. 10 hearing.

Likely motions would include asking for the trial to be moved outside of Berkshire County or to have a jury from outside of the county brought in, according to The Eagle's source.

Likely motions would include asking for the trial to be moved outside of Berkshire County or to have a jury from outside of the county brought in, according to The Eagle's source.

That source said another possible motion would be to try each suspect individually.

Besides being Hall's lawyer in the murder case, Black is representing him on several other dockets, some of which date to 2009 and include gun, drug, child pornography and kidnapping charges.

To reach Andrew Amelinckx:
aamelinckx@berkshireeagle.com,
or (413) 496-6249.
On Twitter: @BE_TheAmelinckx