PITTSFIELD -- A judge has rejected arguments to dismiss the charges against the men accused of kidnapping and killing three city residents in August 2011.
In a written decision, Superior Court Judge C. Jeffrey Kinder said lawyers for Adam Lee Hall, Caius Veiovis and David Chalue "failed to bear the heavy burden of proving that the integrity of the grand jury process was impaired."
Lawyers representing the three defendants argued evidence presented to the grand jury wasn't enough to show that the crimes were committed in Massachusetts. The lawyers contended that no evidence was presented to show where the alleged victims -- David Glasser, Edward Frampton and Robert Chadwell -- had been killed and that it was possible it could have taken place in New York, outside the jurisdiction of Massachusetts authorities.
In allowing the case to continue to trial, which is set to start Jan. 7, the judge wrote that "the evidence presented to the grand jury was sufficient to establish probable cause to believe the defendants, acting in concert, committed the charged offenses in Massachusetts."
The three defense attorneys -- Alan J. Black, James Gavin Reardon, and Donald W. Frank -- also argued that the Berkshire District Attorney's Office presented improper evidence about the defendants' criminal history to the grand jury. Frank declined to comment and Black and Reardon did not immediately return phone calls from The Eagle.
The judge determined that "the evidence of other crimes, wrongs or acts presented to the grand jury was not offered merely to show a propensity to commit crime" but rather "to show motive, intent and plan to commit murder."
At last month's hearing on the motions, Berkshire District Attorney David F. Capeless said plenty of evidence exists to show the crimes were committed in Berkshire County and that the three defendants were responsible. He said the case against Veiovis, a 32-year-old Pittsfield resident, was "circumstantial" but strong, and evidence directly links Hall, 36, of Peru, and Chalue, 46, of North Adams, to the crime scenes.
On Monday, Capeless declined to comment on the matter.
All three defendants have been held without bail in separate jails in the state. Each has denied multiple counts of kidnapping, murder and witness intimidation.
Police and prosecutors allege Hall, who was a ranking member of the local Hells Angels, and his two codefendants kidnapped and killed the three alleged victims and buried their remains in Becket.
Authorities say Glasser was killed so he couldn't testify against Hall in an upcoming trial, while the others were slain to prevent witnesses.
David Casey, a 64-year-old Canaan, N.Y., man, is facing accessory charges after he was allegedly intimidated into helping bury the victims' remains with an excavator. He remains in jail on $ 1 million bail.