PITTSFIELD -- If Berkshire District Attorney David F. Capeless has his way, three men who are accused in an August 2011 triple homicide will be tried together.
Capeless has filed a motion to join the cases against the three defendants -- Adam Lee Hall, David Chalue and Caius Veiovis -- in the kidnapping and slaying of Pittsfield residents David Glasser, Edward Frampton and Robert Chadwell.
Berkshire Superior Court Judge Daniel A. Ford on Thursday told the defense attorneys for the men that they have until March 25 to file their oppositions to the move.
Hall, 36, of Peru -- an alleged member of the Hells Angels -- Chalue, 46, of North Adams, and Veiovis, 32, of Pittsfield, were indicted and arraigned in October 2011 on multiple counts each of murder, kidnapping and witness intimidation. They all have pleaded not guilty and remain in jail without the right to bail.
Glasser, Frampton and Chadwell disappeared Aug. 28, 2011, 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 of that year.
Hall allegedly carried out the slaying to prevent Glasser from testifying against him in an upcoming trial; Frampton and Chadwell allegedly were killed to ensure there were no witnesses.
Police say a fourth defendant, David Casey, 64, of Canaan, N.Y., used his excavator to help bury the bodies and was charged as an accessory after the fact. Casey said Hall intimidated him into helping with the burial, according to one of his attorneys.
In his motion, Capeless gives three reasons why the court should try all the defendants at one time.
The indictments "arise out of a course of criminal conduct ... connected together or constituting parts of a single plan or scheme," the motion reads.
Capeless also points to "judicial economy" in avoiding three lengthy trials based on the same evidence as a reason to keep the cases together. And he believes the move wouldn't be "unduly prejudicial" to the defendants.
James Gavin Reardon Jr., who represents Veiovis, told the court on Thursday that he believes his client's case should be severed from the others because it is less complicated.
"Frankly, there's less evidence against him," Reardon told the court.
Reardon as well as Donald W. Frank, who represents Chalue, told the court their motions to sever would likely be based on "Bruton issues," referring to a 1968 federal Supreme Court decision in which a defendant had his conviction reversed because his co-defendant at trial implicated him in the crime.
In this case, it appears Hall may have made statements concerning his co-defendants.
"He's a very chatty fellow," said Frank, who told the court that Hall "continually approaches the Commonwealth" and provides "information on various people."
According to Frank, Hall has given book-length statements to the police. "It's 450 pages long," he said.
Hall's attorney, Alan J. Black, conceded that his client "has talked quite a bit."
Black on Thursday filed a motion for a change of venue due to the publicity in the case.
While Ford set a March 11 date to file any motions to dismiss the case, no trial date was discussed and no further court dates were scheduled.
Attorneys in the case have agreed to ask the Chief Justice of the Superior Court Barbara J. Rouse to appoint a single judge to handle the case. Ford said he wouldn't set any further court dates until a decision is made by Rouse.
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