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Gambling case thrown out




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.

 


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View Comments » 8 comment(s) « Hide Comments

tahraann wrote on Apr 14, 2009 12:47 PM:

" wow! hey nicky, good for you! "

starwitness wrote on Apr 14, 2009 12:16 PM:

" What a waist of taxpayers $$$. I can only imagine how much police overtime (two dozen court dates) was spent on this case. "

jrjrg123 wrote on Apr 14, 2009 11:06 AM:

" "The search of Vito's apartment was ruled illegal because of an error police made in the search warrant application".

The article states an error that police made. (see above) "

jrjrg123 wrote on Apr 14, 2009 11:00 AM:

" I would say a big knock on the PD, They know the proceedures and should conduct their investigation within the confines of the law. It is just sloppy work and poor oversight on their part. I mean how many applications do they submit for search and seizure ? The law is what it is. Above all the PD should know what is expected of them if they expect to prosecute a case and win. "

realist wrote on Apr 14, 2009 10:57 AM:

" What kind of error? And who made the error? The judge who signed the warrant, the police. How about some more detail? "

ricknkim wrote on Apr 14, 2009 9:39 AM:

" Is that a knock on the APD for lack of oversight/procedure or more of a knock on our legal system that allows dangerous people to walk because a TPS report wasn't filled out in triplicate in a #2 pencil? I'd say a little on the APD, a lot on our system. Much better to have a proper form than penalize criminals. Way to go legal system! "

jrjrg123 wrote on Apr 14, 2009 7:50 AM:

" Really, How important is it to fill out an application correctly ? Is this the department's first big job ?
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:

" Come on police! Get it right. It's just a form. "