The reports do not state whether jail officials have any idea how Graciale got the phone and drugs while in jail, where he’s been held since at least May.
Maurice Pratt, a spokesman for the Essex County Sheriff’s Department, which runs the jail, did not return two calls seeking comment yesterday.
Graciale had been charged with murder five years ago in the shooting of a 43-year-old Lynn man behind Lynn City Hall. However, on the day his trial was set to start in Salem Superior Court, the state’s eyewitness suddenly invoked his Fifth Amendment right not to testify, gutting the case and leading the district attorney’s office to drop the murder charge.
Prosecutors referred to Graciale’s seven-page record in seeking $10,000 cash bail on the new case.
That record dates back to Graciale’s teen years. It also includes an episode in 2011 when Graciale, in Salem District Court for a Danvers drug case, learned that his girlfriend was going to surrender him to the court so that she could get her bail money back. Graciale bolted from the courtroom, only to be caught near the exit to the courthouse.
Defense lawyer William O’Hare did not contest the bail amount sought by prosecutors yesterday, saying that his client is not eligible for parole until November at the soonest.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.