SalemNews.com, Salem, MA

Local News

July 9, 2013

Judge sends man back to prison after assault on 90-year-old

(Continued)

Sweeney also told the judge that Heard would be eligible for the restoration of his Social Security Disability Income after his release.

Sweeney said his client’s record is largely attributable to alcohol abuse, and that on the morning of the incident at Steve’s, he was in an alcoholic blackout.

While a conviction in a criminal case requires that a judge or jury find evidence “beyond a reasonable doubt,” the standard for finding someone in violation of probation is far less stringent, requiring only that a judge find probable cause to believe the misconduct occurred.

The charge of assault and battery on a person over 60, stemming from the incident, is still pending in Salem District Court, where Heard could receive additional time behind bars if convicted.

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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