Kidnapping charges may end in plea deal
By Galen Moore/Daily News Staff
Wednesday, January 03, 2007 - Updated: 10:45 PM EST
MARLBOROUGH - The kidnapping trial of Denis Piper and Cathleen Trotta is likely postponed until at least March, and may never happen at all, after attorneys today agreed to postpone the final pre-trial hearing until Feb. 21.
Assistant District Attorney Suzanne Kontz asked Superior Court Judge Geraldine Hines to push the trial date "a few months out," to make time to discuss the possibility of a plea bargain.
"Both counsel have approached me about resolving this case before trial," Kontz told Hines in a Cambridge courtroom, today. "I want to sit down with the family members before I sit down with counsel."
The case, originally set to go to trial Jan. 22, will now be postponed until some time after the Feb. 21 date, unless attorneys for both sides successfully come to a pre-trial agreement that is acceptable to the court.
Trotta and her one-time boyfriend, Piper, stand accused in the November 2005 kidnapping of Trotta's biological daughter, Grace Trotta, then 5 years old, from a home in Marlborough. The two allegedly entered the home of Grace's foster parents, tied up and beat the child's foster mother, and kidnapped Grace and the foster family's biological son, who was three at the time, making their getaway in the foster family's SUV.
The incident initiated a statewide Amber Alert, and both children were reunited with the Marlborough family on the evening of the same day.
Kontz also said the district attorney's preparations for the trial have been delayed due to problems with DNA evidence obtained from Piper and Trotta last July.
"There was a little snafu with respect to DNA evidence," she said. "Some items didn't get filed in the lab." She did not elaborate.
The hearing originally scheduled for today was intended to be a "lobby hearing," in which both sides could informally sound out Hines' reactions to possible arguments, said Trotta's defense attorney, Anthony Rozzi.
Rozzi said it is not unusual for a pre-trial date to be rescheduled in a case of this magnitude.
"This will be the first postponement in this case. It's not irregular or abnormal at all," he said. "You have schedules made well in advance, so (new) information is bound to come up."
Neither Piper nor Trotta was present in court today. Trotta was held on $100,000 bail at MCI-Framingham prison, and a court order that would have enabled her to attend was cancelled. Piper called just before court was in sesson, to say he was en route via bus, the court clerk said. By the time the hearing was over, he had not arrived.
Piper's attorney, Mark Wester, was not present, either, but the court clerk said he had consented to the postponement before the hearing.
Galen Moore is a MetroWest Daily News staff writer. He can be reached on 781-398-8004, or
gmoore@cnc.com
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