SalemNews.com, Salem, MA

July 28, 2009

Man back in custody in baby shaking case

By Julie Manganis

SALEM — A Salem man who was released from custody last month over the objection of prosecutors, who have charged him with shaking his baby son, is back behind bars after a string of violations.

A Salem District Court judge determined last May that Nicholas Pratt, 24, formerly of 4 Bertuccio Ave., was too dangerous to release on bail, after he was charged with abusing his longtime girlfriend and their 6-month-old baby.

But last month, Salem Superior Court Judge Timothy Feeley overruled the District Court judge, finding that while Pratt poses a danger to the woman and the child, there were conditions, including a no-contact order, a curfew and a requirement that he work full time, that would protect the two. He released Pratt.

Earlier this month, however, his now-former girlfriend told his probation officer that Pratt had gone to their old apartment and vandalized the rented furniture there. He was arrested again.

The man with whom Pratt was living, his supervisor at Total Entertainment, also had expressed concern that Pratt's whereabouts were unknown between the time he left work, usually before 6 p.m., and his curfew time of 10 p.m. Pratt has lost his job at Total Entertainment, where he supervised bounce houses.

Prosecutor Karen Hopwood said the case against Pratt may be presented to a grand jury for indictment. The child was found to have suffered skull fractures, though not directly related to the incident that led to Pratt's arrest.

Pratt's lawyer, William O'Hare, argued that the accusations are being prompted by recent developments in the case and are an effort to keep Pratt locked up.

O'Hare said the evidence points just as strongly to the child's mother as the source of his injuries.

Judge Richard Mori, after hearing from both sides, granted the prosecutor and probation department's request to put Pratt back in custody.

He's due back in court Aug. 7.