Commonwealth vs. Brooks, Montrail

2281CR00346 | Massachusetts State, Superior Court, Middlesex County

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Filed Sept. 22, 2022
Case Type Indictment
Status Open
Last Updated: 3 months, 4 weeks ago
Upcoming Events
3 Days
  • 3/31/2025
Event Result:: Jury Trial scheduled on: 03/31/2025 09:00 AM Has been: Canceled For the following reason: Case Disposed Hon.
Scheduled: Event: Jury Trial Date: 03/31/2025 Time: 09:00 AM Result: Canceled
Rule 36 waived re: by the defendant through counsel on the record from 8/12/24 through 3/31/25 (date of jury trial)
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Claims
  • Count #1
  • 267A/2/C-0 - MONEY LAUNDERING, TRANSACTION c267A §2
    Original Charge: 267A/2/C-0 MONEY LAUNDERING, TRANSACTION c267A §2 (Felony)
    Indicted Charge:
    Amended Charge:
  • Disposition: 9/19/2024 - Guilty Plea
  • Count #2
  • 266/60/A-2 - RECEIVE STOLEN PROPERTY +$1200 c266 §60
    Original Charge: 266/60/A-2 RECEIVE STOLEN PROPERTY +$1200 c266 §60 (Felony)
    Indicted Charge:
    Amended Charge:
  • Disposition: 9/19/2024 - Guilty Plea
  • Count #3
  • 266/60/A-2 - RECEIVE STOLEN PROPERTY +$1200 c266 §60
    Original Charge: 266/60/A-2 RECEIVE STOLEN PROPERTY +$1200 c266 §60 (Felony)
    Indicted Charge:
    Amended Charge:
  • Disposition: 9/19/2024 - Guilty Plea
Filing Date # Docket Text
10/30/2024ORDER: ORAL ORDER: Defendant order to pay $300 in restitution for the month of November. Haggan, J. 10/30/24
10/30/2024Event Result:: Restitution Hearing scheduled on: 10/30/2024 09:05 AM Has been: Held via Video/Phone Comments: FTR: K. O'Kelly Hon. Patrick Haggan, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., in person Defendant Montrail Brooks, via zoom Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant, in person Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
10/15/2024ORDER: ORAL ORDER: Defendant order to pay $300 in restitution for the month of October. Haggan, J. 10/15/24
10/15/2024Event Result:: Restitution Hearing scheduled on: 10/15/2024 03:00 PM Has been: Held via Video/Phone Comments: FTR: K. O'Kelly Hon. Patrick Haggan, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., in person Defendant Montrail Brooks, via zoom Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant, in person Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
9/24/2024Docket Note: Certified Copies of indictments, docket sheet, and statement of the case sent to Office of the Attorney General, Insurance and Unemployment Fraud Division, on 9/24/24
9/19/2024Event Result:: Trial Readiness Conference scheduled on: 02/27/2025 10:00 AM Has been: Canceled For the following reason: Case Disposed Hon. Catherine Ham, Presiding
9/19/2024Event Result:: Jury Trial scheduled on: 03/31/2025 09:00 AM Has been: Canceled For the following reason: Case Disposed Hon. Catherine Ham, Presiding
9/19/2024Event Result:: Hearing for Change of Plea scheduled on: 09/19/2024 12:00 PM Has been: Held as scheduled Comments: FTR: L. Fortune Hon. Catherine Ham, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
9/19/2024Defendant waives rights. Judge: Ham, Hon. Catherine
9/19/2024Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Ham, Hon. Catherine
9/19/2024Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Ham, Hon. Catherine
9/19/2024DNA fee WAIVED Judge: Ham, Hon. Catherine
9/19/2024After finding of severe financial hardship, victim/witness fee waived. Judge: Ham, Hon. Catherine
9/19/2024Findings and Order of Statutory Fees Judge: Ham, Hon. Catherine
9/19/2024Commonwealth, Defendant, Probation files sentence recommendation
9/19/2024Offense Disposition:: Charge #1 MONEY LAUNDERING, TRANSACTION c267A §2 On: 09/19/2024 Judge: Hon. Catherine Ham By: Hearing on Plea Offer/Change Guilty Plea Charge #2 RECEIVE STOLEN PROPERTY +$1200 c266 §60 On: 09/19/2024 Judge: Hon. Catherine Ham By: Hearing on Plea Offer/Change Guilty Plea Charge #3 RECEIVE STOLEN PROPERTY +$1200 c266 §60 On: 09/19/2024 Judge: Hon. Catherine Ham By: Hearing on Plea Offer/Change Guilty Plea
9/19/2024Defendant sentenced:: Sentence Date: 09/19/2024 Judge: Hon. Catherine Ham Charge #: 1 MONEY LAUNDERING, TRANSACTION c267A §2 Charge #: 2 RECEIVE STOLEN PROPERTY +$1200 c266 §60 Served Concurrently Charge # 1 Charge #: 3 RECEIVE STOLEN PROPERTY +$1200 c266 §60 Served Concurrently Charge # 1 Probation: Risk / Need Supervision Duration: 3 Years, 0 Months, 0 Days Conditions: Obey all court orders and laws You shall obey all local, state, and federal laws and all court orders. Report to probation as ordered You shall report to your assigned probation officer at such time and place as directed. Notify probation of a change in address/employment You shall notify the probation officer immediately of a change of residence or employment. Probation Supervision Fee You shall pay the probation supervision fee, if required by law, unless waived by court order, or perform community service, if ordered by the court. DNA sample You shall submit a DNA sample in accordance with G.L. c. 22E, Sec. 3 and pay the required fee unless waived by the court. Sign releases You shall sign all releases for supervision and verification of compliance with these conditions of probation. Home, school & work visits You shall allow the probation officer to visit you at home, school or place of employment at any time with or without notice. Reporting after incarceration If you are incarcerated, you shall report to the Probation Service within 48 hours after you are released from incarceration or the next business day following a weekend or court holiday. If you are subject to GPS monitoring as a condition of probation, you shall report to the Probation Service immediately upon your release from incarceration. Not to leave Massachusetts You shall not leave Massachusetts without the express permission of the Probation Service, and if permission is granted, you shall sign a waiver of extradition and rendition before traveling. Poss of weapons,drugs,explosives,firearms or AMMO You shall not unlawfully receive, possess, control or transport any drugs, weapons explosives, firearms or ammunition. New criminal charges You shall immediately inform the Probation Service of any new criminal charge(s). Court Ordered Fees You shall pay all other court-ordered assessments and fees. Failure to pay court ordered assessments and fees are a violation of your conditions of probation and may result in the issuance of a violation notice and violation hearing. If you are found to be in violation of the terms and conditions of probation you may be subject to incarceration. If a change in circumstances renders you unable to pay, you have the "right to address the court" to show that payment "would cause a substantial financial hardship to you, your family or dependents." Restitution You shall pay restitution in the total amount of $86,000 in monthly payments of $300 the first month, and $2,390 in subsequent months to named victim
9/19/2024Event Result:: Restitution Hearing scheduled on: 09/19/2024 12:30 PM Has been: Held as Scheduled Comments: FTR: L. Fortune Hon. Catherine Ham, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
9/19/2024Notice to surety bail available for return. Judge: Ham, Hon. Catherine
9/19/2024Endorsement on Motion to Remit Restitution and Fees Pursuant to Commonwealth v. Henry, (#27.0): DENIED After a hearing, DENIED. Defendant has failed to meet his burden without any documentation (pay stubs, tax return, child support) 10/15/24 New Hearing before court. Need not be unless court revisits at 2nd Henry hearing on 10/15/24. $400 for first month, $2390/ month. (Ham, J.) 9/19/24
9/19/2024

Disposition: Disposed by Plea

9/19/2024

Disposition for Charge 1: Guilty Plea

9/19/2024

Disposition for Charge 2: Guilty Plea

9/19/2024

Disposition for Charge 3: Guilty Plea

9/16/2024Defendant 's Submission of Updated Financial Form (IMPOUNDED)
8/29/2024Defendant 's Motion to Remit Restitution and Fees Pursuant to Commonwealth v. Henry (Attachment #1 Financial Statement IMPOUNDED and placed in Red Envelope)
8/29/2024Affidavit of Sharon V. Sullivan, Esq. In Support of Motion to Remit Restitution and Fees Pursuant to Commonwealth v. Henry
8/19/2024Event Result:: Lobby Conference scheduled on: 08/19/2024 09:05 AM Has been: Held as Scheduled Hon. Catherine Ham, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Steve Mattos, Assistant Clerk Magistrate
8/19/2024Commonwealth, Defendant, Probation files sentence recommendation
8/12/2024Scheduled: Event: Trial Readiness Conference Date: 02/27/2025 Time: 10:00 AM Result: Canceled
8/12/2024Scheduled: Event: Jury Trial Date: 03/31/2025 Time: 09:00 AM Result: Canceled
8/12/2024Event Result:: Jury Trial scheduled on: 09/10/2024 09:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
8/12/2024Event Result:: Trial Readiness Conference scheduled on: 08/12/2024 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
8/12/2024Event Result:: Hearing on Motion to Continue scheduled on: 08/12/2024 10:00 AM Has been: Held as Scheduled Comments: FTR: A. Bresnahan Hon. Patrick Haggan, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
8/12/2024Rule 36 waived re: by the defendant through counsel on the record from 8/12/24 through 3/31/25 (date of jury trial)
8/9/2024

Tickler: Case Disposition

Start Date: 08/17/2023

Due Date: 08/09/2024

Days Due: 358

Completed Date: 09/19/2024

7/26/2024

Tickler: Final Pre-Trial Conference

Start Date: 08/17/2023

Due Date: 07/26/2024

Days Due: 344

Completed Date: 09/19/2024

7/24/2024Event Result:: Lobby Conference scheduled on: 07/24/2024 10:00 AM Has been: Held via Video/Phone Comments: FTR: J. MacEachern Hon. Catherine Ham, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
4/4/2024Scheduled: Event: Trial Readiness Conference Date: 08/12/2024 Time: 10:00 AM Result: Rescheduled
4/4/2024Scheduled: Event: Jury Trial Date: 09/10/2024 Time: 09:00 AM Result: Rescheduled
4/4/2024Event Result:: Jury Trial scheduled on: 05/06/2024 09:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
4/4/2024Event Result:: Lobby Conference scheduled on: 04/08/2024 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
4/4/2024Event Result:: Trial Readiness Conference scheduled on: 04/08/2024 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant Hon. Patrick Haggan, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
4/4/2024Defendant 's Agreed to Motion to Continue Trial
4/4/2024Endorsement on Motion to Continue Trial, (#25.0): ALLOWED 4/4/24 After review and without objection motion ALLOWED. Rule 36 is waived. (Haggan, J.) Judge: Haggan, Hon. Patrick
3/19/2024Defendant 's Assented to Motion to Convert Trial Readiness Conference April 8, 2024 to Lobby Conference and Affidavit
3/14/2024MEMORANDUM & ORDER: On Defendant's Motion To Dismiss (Ruling On Paper No. 19.0) ORDER/ Thus, the Defendant's motion to dismiss [Paper No. 19.0] is DENIED. Judge: Freniere, Hon Diane
2/15/2024

Tickler: Under Advisement

Start Date: 01/16/2024

Due Date: 02/15/2024

Days Due: 30

2/13/2024

Tickler: Pre-Trial Hearing

Start Date: 08/17/2023

Due Date: 02/13/2024

Days Due: 180

Completed Date: 09/19/2024

1/16/2024Commonwealth 's Memorandum In Opposition To Defendants' Motion To Dismiss Indictments
1/16/2024Affidavit of AAG Christopher O'Brien
1/16/2024Matter taken under advisement: Non-Evidentiary Hearing to Dismiss scheduled on: 01/16/2024 12:00 PM Has been: Held - Under advisement Hon Diane Freniere, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Douglas Nagengast, Assistant Clerk Magistrate & FTR Monitor
11/28/2023Event Result:: Filing of Motions scheduled on: 11/29/2023 09:00 AM Has been: Held as Scheduled Comments: via mail Hon. James Budreau, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
11/20/2023Defendant 's motion to dismiss
11/20/2023Montrail Brooks's Memorandum in support of motion to dismiss
11/20/2023Affidavit filed by Defendant Montrail Brooks in support of motion to dismiss
11/20/2023Defendant 's motion for rewards promises and inducements
11/20/2023Defendant 's filing of IMPOUNDED information: Grand Jury Minutes
10/19/2023Event Result:: Jury Trial scheduled on: 04/16/2024 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. James Budreau, Presiding
10/19/2023Event Result:: Trial Readiness Conference scheduled on: 03/15/2024 09:30 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. James Budreau, Presiding
10/19/2023Scheduled: Event: Trial Readiness Conference Date: 04/08/2024 Time: 10:00 AM Result: Rescheduled
10/19/2023Scheduled: Event: Jury Trial Date: 05/06/2024 Time: 09:00 AM Result: Rescheduled
10/18/2023Defendant 's Assented to Motion to Continue Jury Trial and Affidavit
10/18/2023Endorsement on Motion to Continue Jury Trial and Affidavit, (#18.0): ALLOWED All defendants waive Rule 36 through the next trial date. (Budreau, J.) Judge: Budreau, Hon. James
10/17/2023Event Result:: Filing of Motions scheduled on: 10/24/2023 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. James Budreau, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
10/10/2023Defendant 's EX PARTE Motion for Additional Funds Not to Exceed $1500 to Hire Investigator and Affidavit
10/10/2023Endorsement on Motion for Additional Funds Not to Exceed $1500 to Hire Investigator and Affidavit (EX PARTE), (#17.0): ALLOWED Allowed not to exceed $1500 at CPCS rates. (Budreau, J.) Judge: Budreau, Hon. James
9/27/2023Defendant 's EX PARTE Motion for Funds Not to Exceed $5,000 to Hire Digital Forensic Expert and Affidavit
9/27/2023Endorsement on Motion for Funds Not to Exceed $5,000 to Hire Digital Forensic Expert and Affidavit (EX PARTE), (#16.0): ALLOWED Allowed up to $2,500. So ordered. (Ellis, J.) Judge: Ellis, Hon. Sarah Weyland
9/8/2023Defendant 's EX PARTE Motion for Funds not to Exceed $3000 to Hire Forensic Accountant and Affidavit
9/8/2023Endorsement on Motion for funds not to exceed $3000 to hire forensic accountant and affidavit, (#15.0): ALLOWED
8/24/2023Scheduled: Event: Trial Readiness Conference Date: 03/15/2024 Time: 09:30 AM Result: Rescheduled
8/24/2023Scheduled: Event: Jury Trial Date: 04/16/2024 Time: 09:00 AM Result: Rescheduled
8/24/2023Event Result:: Scheduling Conference scheduled on: 09/05/2023 09:00 AM Has been: Held as Scheduled Comments: via email Hon. Sarah Weyland Ellis, Presiding Staff: Michelle Goldman, Assistant Clerk Magistrate Apriel Jordan, Assistant Clerk Magistrate
8/17/2023Recalled: Straight Warrant cancelled on 08/17/2023 for Brooks, Montrail
8/17/2023Attorney appearance On this date Sharon Vera Sullivan, Esq. added as Appointed - Indigent Defendant for Defendant Montrail Brooks Appointment made for the purpose of Case in Chief by Judge Daniel Flaherty.
8/17/2023Event Result:: Arraignment scheduled on: 08/17/2023 10:00 AM Has been: Held as Scheduled Comments: Po Dipietrantonio Daniel Flaherty, Presiding Appeared: Prosecutor Christopher O'Brien, Esq., Defendant Montrail Brooks Sharon Vera Sullivan, Esq., Appointed - Indigent Defendant Staff: Mary T Aufiero, Assistant Clerk FTR: J MacEachern
8/17/2023Defendant arraigned before Court. Judge: Flaherty, Daniel
8/17/2023Defendant waives reading of indictment Judge: Flaherty, Daniel
8/17/2023Plea of not guilty entered on all charges. Judge: Flaherty, Daniel
8/17/2023Court inquires of Commonwealth if abuse, as defined by G.L. c. 209A, § 1, is alleged to have occurred immediately prior to or in connection with the charged offense(s). Judge: Flaherty, Daniel
8/17/2023Court finds NO abuse is alleged in connection with the charged offense. G.L. c. 276, § 56A. Judge: Flaherty, Daniel
8/17/2023Bail set at $50,000.00 Surety, $5,000.00 Cash. THIS BAIL IS SET WITHOUT PREJUDICE CONDITIONS: 1) NO CONTACT DIRECT OR INDRECT WITH CO-DEFT PAUL WEBB 2) NO CONTACT DIRECT OR INDIRECT WITH BRYAN TUCKER DOB 8/25/89 3( SIGN WAIVERS OF RENDITION 4) REPORT TO PROBATION ONE TIME A WEEK BY PHONE
8/17/2023Bail warnings read Judge: Flaherty, Daniel
8/17/2023Issued on this date: Mittimus in Lieu of Bail Sent On: 08/17/2023 12:48:51
8/17/2023Finding and Order on Bail: Judge: Flaherty, Daniel Applies To: Brooks, Montrail (Defendant); Sullivan, Esq., Sharon Vera (Attorney) on behalf of Brooks, Montrail (Defendant); O'Brien, Esq., Christopher (Attorney) on behalf of Massachusetts Attorney General (Prosecutor)
8/17/2023Findings and Order of Statutory Fees Judge: Flaherty, Daniel Applies To: Brooks, Montrail (Defendant); Sullivan, Esq., Sharon Vera (Attorney) on behalf of Brooks, Montrail (Defendant); O'Brien, Esq., Christopher (Attorney) on behalf of Massachusetts Attorney General (Prosecutor)
8/17/2023Commonwealth files the statement of the case.
8/17/2023Commonwealth 's Notice of Discovery (First)
8/17/2023Defendant 's EX PARTE Motion for Funds not to Exceed $1500.00 to Hire Investigator and Affidavit
8/17/2023Endorsement on Motion for , (#12.0): ALLOWED Not to Exceed $1500.00
8/17/2023Case assigned to: DCM Track C - Most Complex was added on 08/17/2023
8/17/2023Affidavit of indigency filed; APPROVED, counsel appointed. Judge: Flaherty, Daniel
7/21/2023Endorsement on Motion to Unseal Docket, Enter Warrants into Warrant Management System, (#6.0): ALLOWED Allowed. (Sarah Ellis, J.) Judge: Ellis, Hon. Sarah Weyland
7/21/2023Issued: Straight Warrant issued on 07/21/2023 for Brooks, Montrail
7/20/2023Commonwealth 's Motion to Unseal Docket, Enter Warrants into Warrant Management System
9/22/2022Indictment(s) returned
9/22/2022Commonwealth 's Motion for Indictment to be Kept Secret Until After Arrest
9/22/2022Endorsement on Motion for Indictment to Be Kept Secret Until After Arrest, (#2.0): ALLOWED Allowed. (Laurence Pierce, J.) Judge: Pierce, Hon. Laurence D
9/22/2022Attorney appearance On this date Christopher O'Brien, Esq. added for Prosecutor Massachusetts Attorney General
9/22/2022Commonwealth 's Motion to Impound Filings
9/22/2022Endorsement on Motion to Impound Filings, (#3.0): ALLOWED Allowed. (Laurence Pierce, J.) Judge: Pierce, Hon. Laurence D
9/22/2022Commonwealth 's Request for Indictment Warrant
9/22/2022Affidavit of Christopher O'Brien, Esq.
9/22/2022Endorsement on Request for Indictment Warrant, (#4.0): ALLOWED Allowed. (Laurence Pierce, J.) Judge: Pierce, Hon. Laurence D
9/22/2022Commonwealth 's Motion for Copies of Indictments
9/22/2022Endorsement on Motion for Copies of Indictments, (#5.0): ALLOWED Allowed. (Laurence Pierce, J.) Judge: Pierce, Hon. Laurence D
9/22/2022Docket Note: Paper Secret Warrant Issued