Lynn man faces 3-to-5 year sentence after confession to burglary

SALEM – A Lynn construction worker who admitted burglarizing a home on Sagamore Street in the summer of 2010 may serve up to five years in state prison following his confession.Pasquale Mattaliano, 42, of 24 Mt. Vernon St., #505, made his plea earlier this month to a charge of breaking and entering with the intent to commit a felony but, at the request of the defense, sentencing was postponed.On Wednesday afternoon, Mattaliano was sentenced to serve not less than three years and not more than five years in state prison by Salem Superior Court Judge Timothy Q. Feeley.The charge arises out of a daytime incident on July 11, 2010 when he entered a home on Sagamore Street, where an 86-year-old elderly citizen lived with her son, by kicking open a door.During the house invasion, the son, Earl Ross, confronted Mattaliano as he jumped out a window. Ross ended up slashing his hand trying to stop the intruder.Mattaliano was later arrested on the Lynnway by police and identified as the intruder.In a statement before the court earlier, Ross told of how the incident was a traumatic experience and how he does not feel safe in his own home. His elderly mother has since passed away.Assistant District Attorney Michael Sheehan asked for a four-to-seven year penalty based on the facts of the case and how Mattaliano broke into a home where two individuals lived during the day.He pointed out to Feeley that Mattaliano has a nine-page record and that when he was out on bail he violated the terms of his release by being twice arrested on drug and assault charges.Defense lawyer Neil S. Tassel acknowledged the facts were “disturbing,” but said his client never intended to hurt anyone and when he learned people were at home he started to flee.He said Mattaliano had a “persistent drug problem,” as he asked Feeley to consider a lower punishment of two-to-three years in prison.In handing down the sentence, Feeley noted from the bench that it was the “right length of time.”The sentence imposed is forthwith, meaning any sentence Mattaliano is now serving on unrelated cases will be eliminated.The judge credited Mattaliano with 254 days he spent in jail in lieu of bail awaiting trial on the case.