Det. Adams fills in for D.A. at judge's request
CRIME
BY PETER A. SUTTERS JR. INDEPENDENT WRITER
Last week, as the jury session in Nantucket District Court was wrapping up, there was one more matter that needed to be settled. A bench trial for Nicole LeBlanc, who was facing charges of operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, speeding and unlicensed operation of a motor vehicle.

A bench trial is basically the same as a jury trail, but the judge serves as the jury. There are still witnesses to be questioned by the prosecution and defense, evidence to be entered and certain protocols to be followed which seasoned attorneys normally handle.

But as is the case in many things taking place on Nantucket, Mother Nature had a way of throwing herself into the mix.

"Basically what happened was the (Assistant District attorney) was on a plane about halfway over, but had to turn back because of the fog," said Detective Lieutenant Jerry Adams, who also serves as the police prosecutor in District Court. "Judge Macy held a lobby conference on it, the defendant had asked for a bench trial and the judge said we are going to do it one way or another."

Cases such as these are normally argued by Cape and Islands Assistant District Attorney Thomas Shack, but Shack was on a plane headed back to Hyannis so the judge asked Adams to step in for him.

"I've been in the courtroom long enough, I've done some police prosecution, I've been a cop for thirty years," said Adams. "I have seen enough trials to know the basics, but the judge allowed plenty of sidebars."

Sidebars are when the attorneys arguing the case have a brief conversation with the judge and hash out any procedural issues that arise during the trial.

LeBlanc, 17, of 31 First Way, stood accused of being involved in a motor vehicle accident in the early morning hours of Aug. 8, 2007 when the vehicle she was driving struck three parked cars on Union Street and then flipped on its side.

"I presented the case with an officer and a civilian as witnesses," said Adams. "I introduced some photos of the accident scene and the Breathalyzer which showed a blood alcohol content of .22 percent."

According to testimony during the trial, LeBlanc was driving down Union Street at a high rate of speed and crashed into three other vehicles. When a nearby resident heard the noise from the crash, he testified that he and another person who saw the aftermath of the accident pulled LeBlanc from the vehicle. He also said LeBlanc was alone at the time.

In the end, and before the judge could come back with a ruling, LeBlanc decided that she would take the Commonwealth's original offer, which is common for people who face charges similar to hers for the fist time. The offender must complete a state-mandated program, known by its law filing code of Chapter 90 24D, which requires a loss of driving privileges, having to attend driver alcohol education classes, paying a hefty amount of fines and court costs, and in LeBlanc's case, having the charges continued without a finding for 18 months, during which she will also have to serve supervised probation and remain drug and alcohol free.

Adams was pleased with the outcome of the case.

"In the end, its gives a young person the chance to learn from her mistake,"

he said. I