SALEM — A repeat drunken driver facing up to five years in prison after a jury found that he was drunk at the wheel of his truck when he plowed into a Volkswagen Beetle and pushed it more than 150 yards down Route 128 last year yesterday failed to convince a judge to dismiss the entire case.
Charles Snow III, 53, of Salem was found guilty last month of drunken driving in the crash, which occurred on Route 128 just over the Lynnfield line on Memorial Day Weekend 2012.
Prosecutors allege that it is his seventh such conviction, but under Massachusetts law, they have to prove that during a separate trial. That trial was supposed to take place yesterday in Salem Superior Court.
Instead, Snow and his attorney, William Martin, charged that prosecutors withheld the portion of a transcript of the grand jury presentation in his case that dealt with his prior convictions, which, they contended, affected his ability to receive a fair trial back in August.
Prosecutor Kel Forlizzi said the incomplete transcript was inadvertent, the result of a stenographer’s error. The stenographer, in a letter, explained that the proceeding stopped briefly when the state trooper left the grand jury room and that the portion after the trooper returned to testify about Snow’s prior record was mistakenly not transcribed.
Forlizzi, who recently took over the case, discovered the error and notified Martin.
Martin suggested that the missing transcript was, “at the very least, an irregularity, and at the very worst, well, I’ll leave that to the court to decide.”
Snow himself addressed the judge, complaining that had he seen the grand jury transcript dealing with his priors, he might have taken steps such as having the old convictions “vacated.”
Forlizzi subsequently pointed out that Snow has been aware of which cases prosecutors will be counting against him, noting that her predecessor in the case turned over copies of all of the complaints and police reports from those prior incidents. The grand jury transcript contained only a list of docket numbers read to the grand jury by a state trooper, she noted.