ABOUT TOWN: Former Police Chief Cachopa Files For New Trial

Former Chief Manuel J. Cachopa filed a motion Wednesday requesting a new trial on his conviction for acting as an accessory after the fact to attempted extortion by a subordinate officer—a felony—in an incident that allegedly occurred April 30, 2002.

The jury in Norfolk Superior Court had returned the verdict against Cachopa on January 23, 2009. He was fired by then-Stoughton Town Manager Mark Stankiewicz on February 13, 2009.

He was sentenced to three years probation and 1,000 hours of community service in 2009.

Former Stoughton Police Sgt. David M. Cohen served a two-year prison sentence after a jury in 2007 found him guilty of attempted extortion, witness intimidation, and two other lesser charges in that 2002 incident. Another Stoughton Police officer was acquitted of all charges and remains on the force.

Cachopa's attorney, Robert George, wrote in the 22 page document submitted to Norfolk Superior Court that Cachopa didn't get a fair trial, because a defendant has "a right to a jury trial that guarantees to the criminally accused a fair trial by a panel of impartial, indifferent jurors. The failure to accord an accused a fair hearing violates even the minimal standards of due process."

George wrote in the petition for a new trial that one of the jurors, Juror 2, "Did not reveal that their ex-spouse was a Boston Police officer, and that the juror had been involved in an acrimonious divorce proceedings with that person for 17 years, including a complaint for cruel and abusive treatment, failure to pay child support, utility bills, children's medical bills, nine different complaints for modification and contempt, serious allegations of overpayment of support, underpayment of support, restraints of liberty, orders to vacate the family home, relinquishment of visitations issues, and numerous contested hearings from October 1979 through April 1997.

“But when asked at sidebar, by defense and prosecution attorneys, 'Would you be inclined to believe or disbelieve an individual who was a police officer, simply because that person was a police officer? The juror said 'No.'"

During the time of complaint of divorce filings, the juror and family were living in Stoughton.

George also concluded, "The real issue is the failure of the juror to provide the information despite three chances from the court to provide it in general or in the privacy of sidebar. The information withheld included the facts that Juror 2's ex-husband/wife had been a police officer, like the defendant, and that the relationship had been contentious and unhappy for at least 18 years. Had that information been provided, the defendant would have asked the court to challenge the juror for cause, or would have used a preemptory challenge to excuse the juror. The law is clear on this issue, and a new trial is warranted."

Norfolk County District Attorney's Special Prosecutor George Jabour, who won the cases against Cachopa and Cohen, did not return a call Thursday asking for comment.

Cachopa said that he "just wants to be vindicated."

His wife Arlene added, "Plain and simple, life has been miserable."

George, in his paperwork, echoes this. He writes, "This defendant, whose career and life have been ruined, who has been unemployable in his law enforcement and teaching vocations since the verdict in this case, alleges that this juror withheld information that should have been revealed and that he is entitled to a new trial.”

Cachopa's attorney, Robert George, has a few concerns of his own. He was charged in March by federal authorities for allegedly laundering drug money. He pled not guilty to all charges.

Copies of the motion for Cachopa were submitted to the Criminal Clerk's Office at Norfolk Superior Court to the attention of Judge Janet Saunders, and to the office of the Norfok County District Attorney Michael Morissey.

We'll let you know if Cachopa's filing succeeds or fails.

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