Judge rules against Lynn woman in ISD case

LYNN – Baltimore Street resident Ariana Murrell vowed to continue her fight against the Inspectional Services Department for a reported trespassing incident after a Lynn District Court clerk magistrate ruled against her Wednesday.In June, Murrell filed criminal charges against ISD inspectors Robert Borges and Andrew Young for allegedly showing up unannounced at her home to deliver a cease and desist order on repairs to a two-story existing garage, which lacked the proper permits.Claiming that Borges walked into her home without ringing the doorbell and Young banged on her garage door several times, Murrell filed charges against ISD for trespassing, breaking and entering, and defacement of private property.The city then fired back with charges against Murrell for work exceeding the scope of permit, structure exceeding 15 feet, a lack of space below the first floor used for occupancy, unlawful continuance of stop work order, and illegally removing stop work order permit from building.Both parties met at Lynn District Court Wednesday, where Clerk Magistrate Jane Brady Stirgwolt ruled there was no probable cause in Murrell’s charges against Borges and Young, while Clerk Magistrate John Fleming said the city’s charges against Murrell would be taken under advisement and a decision would be delivered within one week.Three separate $50 fines ISD had previously issued to Murrell were also taken under advisement.Frustrated by the outcome, Murrell said she plans to appeal the decision.”I tried to give (Stirgwolt) an affidavit from a witness that heard the loud banging on the door from Borges, but she wouldn’t accept it,” she said. “The whole thing is very unfair.”City attorney Vincent Phelan said the affidavit wasn’t accepted because the hearing only accepted live testimony and not debatable documents.”She (Murrell) has the right to appeal, but I can’t remember a time when a clerk magistrate’s decision was ever overturned, so I feel very confident that it won’t be,” he said.Regardless of the outcome, Phelan said the city is just looking for cooperation on a variety of issues and wants to make sure Murrell’s property is safe.Unless cooperation is reached, Phelan said the city would ultimately deliver a cease and desist order and seek search warrants to inspect her property.”She has a niece living in an illegal basement and she claims that the zoning ordinance doesn’t prohibit the repairs she made to her garage, but I believe she is mistaken,” he said. “She needs a variance for the raised roof, the lock she put on the inside of the door, and we will work with her to get the property up and running if she cooperates.”According to Assistant City Solicitor James Lamanna, Murrell also has a civil lawsuit pending against the city that was filed in 2005.The suit stems from an incident in 2002, in which Murrell attended a party at her sister’s home that ended with a visit by the Lynn Police.”Police responded on a loud music call, which ended in Murrell’s brother taking a swing at an officer (Lt. Peter Holey), who then sprayed pepper spray at him after he was assaulted,” he said. “Murrell then filed a suit with her sister and other relatives because she said her civil rights were violated.”A trial date has been scheduled for Sept. 23 at Federal Court in Boston.On top of everything else, Murrell said yet another incident occurred on July 11, in which the Lynn Police paid a visit to her home around 2 a.m. for a reported noise call.”I came home around 2 a.m. and saw seven police cruisers outside my home and a paddy wagon, which I thought was very strange,” she said. “The police tried to gain entrance into my home and I wouldn’t let them without a search warrant, and they said it was obstructive justice. So I pulled out a video camera and started taping the incident?they didn’t like that.”Murrell said she is mulling over the possibility of pressing charges against the officers with her attorney and plans to hand over the videotape as evidence.”I just