Judge hammers suspect in nail harassment case

By Julie Manganis
Staff writer

January 03, 2009 06:00 am

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SALEM — A Salem man has been warned to stay out of his ex-girlfriend's neighborhood — and not possess any nails — while he awaits trial on charges that include criminal harassment.

Police and prosecutors say Richard Poitras, 48, of 4 Linden Ave., was repeatedly going to Ocean Terrace and dropping nails in the street near his former girlfriend's home.

At least two of the woman's neighbors wound up with nails in their tires, prosecutor Honor Segal told a Salem District Court judge yesterday.

Police got a call Monday evening telling them that Poitras was in the area again, dropping nails on the street. They caught up with him on Clifton Avenue, as he walked back to his truck.

He told the officers he was "just walking," Segal told Judge Robert Cornetta.

The prosecutor said Poitras agreed to a pat frisk, during which police found a folding knife — and a bag of roofing nails. Police arrested him on charges that he was in violation of a restraining order.

The woman's brother later turned over a bag of 70 nails he said he had collected over the past several months.

Poitras' lawyer, John Morris, said he plans to challenge the legality of the pat-frisk and disputed Segal's contention that Poitras was "caught red handed."

"I don't think this is a strong case," said Morris, who pointed out that there's no evidence the nails in the street came from his client.

Segal said the woman, who broke up with Poitras a year ago, and other residents of the building "were living like prisoners," keeping a neighborhood watch for Poitras.

"An entire neighborhood is in fear of flat tires," said the prosecutor, who urged the judge to bar Poitras from the area, located near Forest River Park and Salem State College.

In addition to criminal harassment and violating a restraining order, Poitras is facing charges of driving an unregistered and uninsured vehicle and violating the city's knife ordinance. He pleaded not guilty to all of the charges.

Cornetta set bail at $2,000 cash, which Poitras' sister posted shortly after the hearing.

He was ordered to stay at least 500 feet from Ocean Street and Ocean Terrace, obey an 11 p.m. curfew, and "shall not possess nails."

The judge then turned toward the defendant and drove home his point. "Let me make one thing clear. This nail situation is zero tolerance. No nails, no neighborhood, no contact."