Lynn man with terminal cancer held for domestic assault

LYNN – A judge ordered a man with terminal cancer held pending trial after a prosecutor said the diagnosis had exacerbated the man’s domestic abuse.”It’s very unfortunate that he has been diagnosed with terminal cancer,” Essex Assistant District Attorney Erin Bellavia said in Lynn District Court on Thursday. “But the terminal illness is not preventing him from putting his hands on her, it is a catalyst for his anger and depression.”Roger L. McFadden, 55, of 124 Central Ave. #26, pleaded not guilty to assault with a dangerous weapon; and assault and battery on a family/household member; on Sept. 29.Police reported responding to the Central Avenue apartment after a neighbor said a female was being assaulted, according to a report by Lynn Police Officer Michael McHale.Police said they were familiar with the apartment, the alleged victim and McFadden.The alleged victim said she and McFadden were arguing when the defendant grabbed her and held a knife to her throat, according to police. The alleged victim’s son told officers he also saw McFadden drag the alleged victim out of the bedroom. The alleged victim gave police the knife used in the alleged attack, which was found in McFadden’s pants in the bedroom.Police noted the alleged victim did not seem to be injured and declined to get a restraining order.At the defendant’s arraignment, Judge Albert Conlon ordered McFadden held without bail pending a dangerousness hearing Oct. 2.On Monday, defense attorney Jill Gately said her client stipulated to being found a danger. But Gately argued for conditions of release including GPS monitoring and a restraining order, which would allow McFadden to continue treatment for what Gately said was his second bout of stage 4 colon cancer.”There is not an option to receive chemo in jail,” Gately said. She noted the alleged victim also wanted McFadden to be released and that both parties had a history of mental-health issues during their 17-year relationship. McFadden also had always completed probation and most of his cases resulted in dismissals, Gately told the court.”When incidents like this occur, it’s in (times) where there is a lot of stress going on because of his health situation,” Gately said.Bellavia agreed and argued this was a reason for McFadden to be held.”This is an extremely long relationship during which the entire time the defendant has been abusive to the alleged victim,” Bellavia argued. “At this time, things are coming to a head.”Bellavia said McFadden had previously hit the alleged victim in the head with a 2×4, broken the alleged victim’s nose, strangled her, threatened to kill her with a knife and with a gun and threatened to kill her if she puts him in jail, according to court documents.Bellavia submitted six police reports from prior alleged incidents, two restraining orders and the defendant’s board of probation record as exhibits.Judge Cathleen Campbell ordered McFadden held without bail pending trial. He is scheduled to return to court Oct. 27.