Judge revokes bail for Lynn man charged in break-in

SALEM – A Lynn construction worker who prosecutors say was arrested twice on narcotic charges while out on bail in a Superior Court breaking-and-entering case had his bail revoked and is held without bail at the Middleton Jail.Pasquale Mattaliano, 41, of 24 Mt. Vernon St., #505, was let free on bail after posting $15,000 cash bail last winter after pleading innocent to a charge of breaking and entering with intent to commit a felony.The charge arises out of an incident in Lynn on July 11, 2010 when he allegedly entered the home of an 86-year-old citizen on Sagamore Street in the daytime, but fled the premises after jumping out a window when the homeowner confronted him.Mattaliano was later arrested on the Lynnway by police. He was brought back to the scene and was identified as the intruder by the homeowner and another witness.Tuesday in Salem Superior Court Mattaliano appeared for a preliminary trial hearing, but instead Assistant District Attorney Michael Sheehan insisted that Mattaliano?s bail should be increased at least by $10,000.Sheehan informed Judge Timothy Q. Feeley that Mattaliano has had two arrests on drug cases since his release, one in the Boston Municipal Court last December when he was arrested in a park in Boston on a reported marijuana distribution case and received a five-month sentence.Then, last month on Sept. 9, Mattaliano was arrested in Lynn for possession of a Class B narcotic and also for assault and battery after struggling with authorities. That case is still pending.Sheehan argued that Mattaliano?s “behavior is escalating,” while pointing out to the judge that Mattaliano has a nine-page adult record, violated the terms of his release on bail pending trial on the breaking-and-entering charge and also had defaulted on the Lynn court case.Defense lawyer Neil S. Tassel recognized his client?s record, but maintained his client was in a drug rehabilitation program when he failed to appear and did remove that default and that he was present Tuesday.He explained to Feeley, to no avail, that his client has been struggling with drug issues as he suggested a drug program with screenings.Tassel said his family posted the $15,000 bail and is “literally tapped out” now and can not raise any more funds.Feeley stressed that bail is to assure one?s presence in court and a condition of bail in every case is that the accused not commit a new crime, which can result in revocation of bail.He went on to say that there is a “huge public safety issue” as to Mattaliano?s long-standing addiction as he revoked his bail and ordered Mattaliano held without bail pending his trial.Mattaliano is due back in court on Nov. 3 for a preliminary trial motion.