SalemNews.com, Salem, MA

June 13, 2013

Man gets jail time for threats to prosecutor

BY JULIE MANGANIS
STAFF WRITER

---- — SALEM — A Brockton man will spend another 59 days in jail after a jury found him guilty yesterday of threatening a Lynn District Court prosecutor nearly three years ago.

Stephan Myers, 27, was charged with witness intimidation after telling a now-former assistant district attorney that he would “(expletive) you up,” during an argument about evidence the prosecutor was planning to use at his trial back in August 2010.

Myers was representing himself in a drug case and suspected that the prosecutor, Clint Muche, hadn’t turned over all the evidence in the case because the prosecutor’s file was thicker than his own (which Muche testified was due to it also containing his notes and potential questions for witnesses, something Myers wasn’t entitled to see).

During a break in the proceedings, there was what witnesses testified was a “heated exchange.”

After Judge Ellen Flatley returned to the courtroom, Myers flipped over a table in the courtroom.

Prosecutor Patrick Collins suggested to jurors during his opening statement on Tuesday that Myers was infuriated by the judge’s refusal to delay the drug case.

“These statements were designed to get what he wanted, a delay, but a crime was committed in the process,” Collins argued to jurors.

Defense lawyer John Hightower, meanwhile, portrayed Myers as an unsophisticated litigant going up against a wily prosecutor who took advantage of Myers’ lack of legal knowledge (though Myers did have the assistance of a court-appointed lawyer during that case).

“The only thing that was damaged in this particular case was Mr. Muche’s ego,” Hightower told jurors.

Judge Robert Brennan imposed a 21/2 year jail term but suspended all but 59 days of the sentence after learning that Myers is scheduled to undergo surgery in August.

The 2010 drug case has since been dismissed because of the involvement of state crime lab chemist Annie Dookhan, now under indictment on charges that she tampered with evidence and lied about her credentials.

Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.