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Brian Mello Trial:  Verdict for Killing Brian Mello and injuring 2 other riders:  No jail time, but one year suspended for three years, life loss of drivers license, 1,500 hours community service.

 

Elisa Mello, Tom Newhook and Wolfgang Decker, all express their appreciation to the riding community who has supported them through the past year and up to Tuesday's trial.  They've met a lot of great people - YOU !

 

 

 

South Coast (New Bedford) News Story

 

For Immediate Release - MassMSF.ORG Press Release

 

For more information Contact Paul W. Cote 978-535-8222 (days)

 

Date:    February 26, 2008

 

(Wareham District Court)    "You will never drive again," Judge Rosemary B. Minehan told 74-year John Hanrahan of Weymouth, who turned left in front of three oncoming motorcycles last March in Middleboro, killing one and seriously injured two others, as he changed his not guilty plea just before his scheduled trial today at the Wareham District Court.

 

His defense attorney asked for the least possible sentence and the Plymouth County's D.A., Timothy Cruz, through his assistant District Attorney handling the case, asked for the stiffest possible sentence, two and a half years in jail.

 

Hanrahan admitted, on March 24, 2007, in broad daylight on a dry road, he slowed down his vehicle to make the left hand turn onto Route 495, and upon seeing the three oncoming motorcycle riders, he "thought" he could "make it" but accelerated right into Brian Mello while the other two motorcyclists behind Mello braked but could not avoid impact.  He was wrong.  Dead wrong.  And the family of Brian Mello suffer with Hanrahan's 'mistake' in judgment.

 

Victim Tom Newhook, several family members and the Firefighters Union President read victim impact statements before Judge Minehan handed down her sentence, before a courtroom filled with 35 or more family, riders and New Bedford firefighters present.  

Some of those present felt the Judge didn't believe any immediate jail sentence would serve justice, and she said, "No one here is going to be happy."

 

She then handed out what most considered a "stiff" sentence to Hanrahan for one year in prison, suspended for three years; three years probation, LOSS of LICENSE for the REMAINDER of his life, and 1,500 hours of community service, to be completed in those three years, going to speak at Drivers' Education telling students the value of "Good Judgment and consequences of their actions." He was also ordered to visit Hospital Trauma Centers to help people severely injured in accidents or otherwise experienced head trauma by reading to them and helping with their care.

 

Irv Evans of Franklin, the Secretary of the Massachusetts Motorcycle Association (MMA), said it was "obvious as soon as the Judge began talking about accepting his guilty plea, that no jail time would be handed down." 

If he does not complete the 3 year probationary terms, he'll serve some time.  "It's a tight, short leash for a period of time," said Evans.

Rick Gleason of Yarmouth, treasurer of the American Bikers Acting to Educate Political Action Committee was more angered asking, "Where is the justice?  If a 74-year old holds up a bank does he get a pass too ? If they run over a kid or an older American, do they get a pass too ?

 

Elisa Mello of Middleboro, Brian's widow read her impact statement to a hushed Courtroom filled with over 35 friends, riders and firefighters.  Everyone fought back the tears but few could hold them back.  She asked for a minimum 4 nights in jail, symbolic of the time her husband "spent on a cold slab before being put into a coffin," to the maximum 2 1/2 years in jail.

After sentencing, Ms. Mello was distraught.  

 

"The sentencing he received is so unfair. He basically gets to go home tonight, have a celebratory dinner, gets to be chauffeured around to do his community service, and write off the expenses." 

 

In her statement, she said one saving grace was that one day she "would again be reunited with Brian," and then looked at Hanrahan and told him, "And so will you." 

 

"This sentencing has reinforced our energy for enactment of House Bill 1464, to increase the civil and criminal penalties of those who violate the right of way of other road users, bicyclists, pedestrians, motorcyclists and other road users causing serious bodily injury of death," claimed Paul W. Cote of Amesbury, the MMA's Director of Government Relations.

 

The bill is scheduled for a public hearing on Tuesday, March 18th before the Judiciary Committee at the State House.  Victims who wish to testify are encouraged to contact Cote at claimscote@aol.com.

 

Cote praised Plymouth County D.A. Tim Cruz and his staff. 

 

"They were willing and ready to try this case to a conclusion.  And throughout the pass year Mr. Cruz's Victim Advocate office was very helpful to Ms. Mello, Tom (Newhook) and Wolfgang (Decker).  We appreciate the compassion and tenacity of he and his staff." 

"The DA's hands were tied once Hanrahan plead guilty," Cote claimed. 

 

"It was up to the Judge.  Our proposed legislation would require Judges hand down some time be served when a motorists runs over a pedestrian or a kid on a bicycle or another motorists.  We aren't looking out for just motorcyclists," he continued, "we're looking for justice for all in these situations where using a car or truck to kill or maim someone gets you a slap on the wrist while using a gun gets to 10 years to life." 

 

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