State's Highest Court Says Marlborough Man Can be Retried

The state's highest court has ruled a Marlborough man can be retried on a 2004 charge of assault that he pleaded guilty to before his trial ended, a plea he later recanted.

Anthony Parreira was charged with assault and breaking and entering in connection with an incident involving his estranged girlfriend and her friend at whose house the incident occurred. 

The case was tried before a jury, but before the trial ended, Parreira pleaded guilty to both charges. He later recanted that plea and asked for a new trial. When that motion was granted, however, Parreira and his attorneys claimed he could be retried under the double jeopardy protection provided by the U.S. Constitution. 

Parreira had also argued that the judge in the case acted in a prejudicial manner toward him by suggesting during a sidebar conference that the defendant was likely to be convicted of assault by the jury. The SJC rejected that claim. 

"The record does not support the inference that the judge acted to prejudice the defendant," the justices wrote.  "Indeed, the transcript of the sidebar conference suggests that all present, including defense counsel, believed that the jury would most likely convict the defendant on the more serious charge of assault."

It was not immediatley clear if prosecutors would pursue a retrial in the case. The office of District Attorney Gerard T. Leone did not immediatley respond to requests for comment. 

The full SJC ruling is available online.