Homeless man faces up to 10 years for Lynn burglary

SALEM – A homeless man facing up to 10 years in prison after being accused of burglarizing a home in Lynn will have to come up with $10,000 in order to get out of the Middleton Jail pending his trial.Thomas Motherwell, 26, of Malden and Winthrop, pleaded innocent at his arraignment Wednesday in Superior Court to charges of breaking and entering with the intent to commit a felony, malicious destruction of property over $250 and resisting arrest.Judge Howard J. Whitehead set the bail amount requested by the prosecutor and continued the case to March 24 for a pretrial conference.In her pitch for the high bail, Assistant District Attorney Melissa A. Woodard told Whitehead that the charges stemmed from a housebreak in Lynn on Fays Avenue on Dec. 26.It was around 2:30 p.m., when police responded to an alarm on Fays Avenue and saw the suspect, wearing a black winter hat and gloves, trying to jump out of a second floor window, but retreated back into the house.Police entered the home and found Motherwell hiding in the attic and arrested him following a struggle.Entrance apparently had been gained from a back basement window.Motherwell told police he had a heroin problem, was living in a shelter in Salem but had walked away from the shelter.He admitted stealing jewelry from the home, but said he had tossed them in a wastepaper basket in the kitchen, which were later found by police.Damage to the windows and door locks to gain entrance to the home is estimated at $2,500, according to Woodard.Woodard emphasized that Motherwell is facing 10 years in prison for the break-in while pointing out to Whitehead that he is an admitted heroin addict, who came from a shelter and appears to have no residence.Defense lawyer Randi Potash said Motherwell graduated from Medford High School, played sports but was stabbed while at school, causing him to go on pain medications for his wound, resulting in later addiction.She told Whitehead that he is willing to go to a rehabilitation treatment center pending trial, wants to get better and is committed to his recovery.He has a son and support from both of his parents, who were present in the courtroom and are willing to transport him from court to the treatment center, Potash told the judge, as she argued for a $1,000 cash bail with pretrial conditions.Woodard interjected telling Whitehead that in 2000 he was given probation on a similar charge and did not comply, pointing out to the judge that he had not followed previous court orders while emphasizing the only way to ensure he will stay clean is if he is in the Middleton Jail.In setting the bail, Whitehead noted his prior breaking and entering conviction, while agreeing with the commonwealth that significant bail is warranted.The judge ordered that if Motherwell makes the bail, he is to have no contact with the homeowner during the dependency of his case.