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This article was published 13 year(s) and 7 month(s) ago

Lynn cop found not guilty of assault

Karen A. Kapsourakis

September 28, 2011 by Karen A. Kapsourakis

and Thor JourgensenFor The ItemSALEM – A Superior Court jury acquitted Lynn police officer Geovanni Ruano of the two most serious charges in connection with a July 2010 incident, but found him guilty of intimidation of a witness following deliberations over two days.Ruano, 47, of Lynn, a 15-year Lynn police veteran, stood stone-like with his hands clutched in front of him as the foreman read aloud the jury?s decision at 2:20 p.m. on Tuesday afternoon in Salem Superior Court.The jury, comprised of three women and nine men, acquitted him of assault and battery with a dangerous weapon and assault and battery, but found him guilty of intimidation of a witness.Catherine Foley, 33, a Lynn resident and Ruano?s girlfriend, burst into tears as her not guilty verdict on a single charge of intimidation of a witness was read Tuesday.Judge Howard J. Whitehead, who presided over the trial, postponed sentencing Ruano until Oct. 31 at 2 p.m., at Salem Superior Court.In the meantime, the judge allowed Ruano to remain free on his own personal promise to return to court with the same conditions that he have no contact with the victim, but also added he must report weekly to probation until his sentence is handed down.Defense lawyer Thomas Drechsler convinced Whitehead to release his client on bail, noting that Ruano has always showed up in court, has lived in this country since age 14 and his two daughters were in court.Assistant District Attorney Maureen Wilson Leal insisted that a bail be imposed, but Whitehead ruled that Ruano was no risk of flight and has the “incentive” to appear.A conviction on the witness intimidation charge carries no minimum mandatory punishment, but carries up to a potential two and a half years in jail or up to 10 years in state prison under the statue.?Obviously we are pleased with the jury verdict that acquitted him on the most serious charges, but I will be filing a motion for a directed finding on the intimidation charge, arguing the evidence was insufficient to support it as required by law,” Drechsler said as he left the courtroom.Ruano and Foley declined to comment as they left.But Foley?s attorney, Neil Rossman, said, “We are very pleased with the outcome. There was never any evidence she took part in the intimidation.”Ruano?s two daughters hugged their father and cried after the hearing.During the five-day trial, jurors heard testimony from Richard Zelandi, the victim, who told them that on July 31, 2010, he pulled over on Atlantic Terrace in Lynn after a driver behind him kept flashing his lights.He testified that Ruano bumped into him and hit him with his SUV.She also suggested jurors question why Ruano went to Zelandi?s home a day after the confrontation. She said the meeting was aimed at intimidating Zelandi into agreeing to tell police a version of the incident that matched Ruano?s explanation.?Why would he go over there if he did nothing wrong? Mr. Ruano is covering his tracks,” Leal told the jury.During his closing argument, Drechsler called Zelandi a “liar” and “faker” who switched his account of the confrontation during testimony on Sept. 16 and 19 from testimony he gave a Superior Court grand jury in August 2010.District Attorney?s spokesman Steve O?Connell said District Attorney Jonathan Blodgett would not comment on Ruano?s conviction until after sentencing.Ruano, who earned $74,656 in 2009, according to Police Chief Kevin Coppinger, has been on unpaid administrative leave since August 2010. Coppinger wants to fire the 15-year department veteran. He will submit a list of charges against Ruano, including conduct unbecoming an officer, to Mayor Judith Flanagan Kennedy and anticipates Kennedy will schedule a hearing on the charges in a month to six weeks.?It?s my intent to get him off the department. He doesn?t belong here,” Coppinger said Tuesday.Coppinger said the hearing will be conducted by a hearing officer chosen by the mayor and probably take several days. He said Ruano will be allowed to ques

  • Karen A. Kapsourakis
    Karen A. Kapsourakis

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