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July 9, 2014

DA re-indicts Daniel Green in child abuse case

Judge had concerns about possible prejudicial evidence

DANVERS — Weeks after a judge suggested that prosecutors went too far in presenting potentially prejudicial evidence to a grand jury in a child abuse case, the district attorney’s office has obtained new indictments against both the original defendant and the child’s mother.

A lawyer for Daniel Green had argued that prosecutors allowed improper character evidence to be given to the grand jury, which subsequently indicted Green on charges of assault and battery on a child causing serious bodily injury.

The alleged abuse occurred in November 2012, while Green was caring for the 3-month-old infant in their Danvers hotel room, where they were living because they were homeless, prosecutors say.

Among the things Green’s attorney, Mark Schmidt, objected to was testimony about other interactions Green had, including with an ex-girlfriend.

In an order on June 3, Judge John Lu asked prosecutors to respond to his concern that the presentation was improper.

Prosecutor Karen Hopwood went back to a grand jury and sought new indictments against Green, as well as an indictment against Samantha Rose-Green, the child’s mother, who had been considered a potential witness in the case. Rose-Green is now charged with permitting substantial bodily injury to a child in an indictment handed up last week.

In her memo to the court in the Green case, Hopwood said the information given to the grand jury was not done purposefully and argued that it is “unlikely” the grand jury was influenced by it, but said she sought the new indictments against Green “in an abundance of caution.”

Green’s trial, originally set for this month, has been postponed until October.

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

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