Gambling case thrown out
BY DAVID LINTON SUN CHRONICLE STAFF
Tuesday, April 14, 2009 2:19 AM EDT
ATTLEBORO - A district court judge has dismissed the gambling and weapons case against the last of two defendants charged two years ago with running a betting ring out of a downtown office.
Judge David Turcotte in Attleboro District Court agreed to a defense motion and dismissed the case against Nicholas A. Vito III, 37, of Attleboro, who was arrested April 4, 2007.
Turcotte issued his ruling Friday.
Vito's lawyer, Richard Silva Jr. of Fall River, said Monday that his client, who had been free on pretrial conditions and had to report regularly to probation while his case was pending, said his client was pleased.
"It's a relief," Silva said. "It's a lot of stress for anybody to go through something like that."
Silva said Vito, who had no prior criminal record, had made every one of the two dozen court dates scheduled for the case and had the support of his family.
Turcotte's ruling following a previous ruling to throw out statements made by Vito to police after a search of his apartment at 6 West St.
The search of Vito's apartment was ruled illegal because of an error police made in the search warrant application.
In a raid at an office at 3 Park St., which police say was a front for the gaming operation, police found a loaded .380-caliber handgun, gambling tables, betting slips and paraphernalia, as well as computers and TVs.
The case against Vito's co-defendant, Noah Sheridan, 31, of North Attleboro, was dismissed earlier on different legal grounds.
View Comments » 8 comment(s)
« Hide Comments
tahraann wrote on Apr 14, 2009 12:47 PM:
starwitness wrote on Apr 14, 2009 12:16 PM:
jrjrg123 wrote on Apr 14, 2009 11:06 AM:
The article states an error that police made. (see above) "
jrjrg123 wrote on Apr 14, 2009 11:00 AM:
realist wrote on Apr 14, 2009 10:57 AM:
ricknkim wrote on Apr 14, 2009 9:39 AM:
jrjrg123 wrote on Apr 14, 2009 7:50 AM:
If this is the only reason that the case was lost, then someone needs to go back to class or at the least be repremanded.
Not good when the case involves illeagal guns downtown. "
kevin h. wrote on Apr 14, 2009 7:27 AM: