Judge 'reluctantly' grants request for funds in crash that killed officer
Jul. 28—SALEM — A private attorney representing the driver charged in the death of a veteran off-duty Salem police officer last year was allowed access to up to $3,000 in taxpayer funds to pay a crash reconstruction expert.
But Salem District Court Judge Randy Chapman held off on another request from Juan Marinez's attorney, who wanted another $3,000 to pay for a private medical examiner to review records in the case, saying the lawyer hadn't submitted any actual estimates for that request.
Marinez, 26, of 4 First St., Salem, is facing a vehicular homicide charge in the death of Salem police Patrolman Dana Mazola for a crash late on the night of June 25 on Jefferson Avenue.
An investigation by state police concluded that Marinez was speeding and had veered onto the wrong side of the road before colliding with Mazola's sedan.
Marinez is being represented by Michael Cerulli, a private attorney who has told several judges he is being paid by members of Marinez's family.
But the lawyer says — and a probation officer has found — that Marinez is legally "indigent," or unable to afford the cost of his defense.
He told Chapman he's working part-time for less than $20 an hour.
Chapman allowed the request for funds "with some degree of reluctance," he told the lawyer, citing the family's ability to hire private counsel.
His comments echo those by another judge during a hearing on a request in May.
But Cerulli argued that state law entitles his client to public funds for his defense, and that the source of funds to hire him is irrelevant.
"It's not worth getting into a long debate over it," Chapman responded.
Another pretrial hearing is scheduled for Oct. 7.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.
