On the date of trial the case was dismissed. Attorney Henry Fasoldt prepared to contest the evidence in the trial. “Failure to Register” trials are different from most trials in that instead of proving an act, the Commonwealth must prove a negative – that is, that the defendant “failed” to do something. Though generally technical in nature, arguments must made about what evidence can be admitted and for what purpose.
Nevertheless, today AA, a 60-year-old homeless registered sex offender – level 3 – was brought to court for trial for the second time. After much pre-trial litigation, including a competency evaluation, a criminal responsibility evaluation, motions to dismiss and lengthy investigation, Henry answered ready for trial. Although the Commonwealth had also prepared, it became evident, due to a missing piece of evidence, that they would not be able to prove the case. The prosecutors requested a continuance. Attorney Henry Fasoldt requested a dismissal. The Judge granted Henry’s request, the case was dismissed.
AA, a schizophrenic, may now seek a placement with the Department of Mental Health (DMH). Presumably, under the supervision of DMH he will receive mental-health treatment and not be homeless anymore.