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Hayes Case Continued Until November
By Administrator   
Monday, November 29, 1999 07:00 PM
A local man accused of sexually assaulting an underage female family member will next appear in court on Nov. 28. A local man accused of sexually assaulting an underage female family member will next appear in court on Nov. 28.

At a pretrial hearing in Plymouth District Court on Wednesday, the attorney for Timothy Hayes, 68, of 119 Depot Street, requested the pretrial hearing be continued to the end of November because it was his first appearance on behalf of his client.

Hayes was arraigned in Plymouth District Court on August 20 on four charges of indecent assault and battery on a child under 14, three charges of rape of a child with force, and one charge of distributing obscene material to a minor. Hayes pled not guilty to the charges.

At the Oct. 3 pretrial hearing, Hayes' attorney, Howard Wernick of Boston, said he expects the Plymouth County District Attorney's office to bring down an indictment against his client on the charges.

Wernick said he had just filed preliminary discovery motions in the clerk's office that morning. The Nov. 28 date would give the D.A.'s office time to provide him the requested materials.

In one of the two motions filed by Wernick, he requested the prosecution provide the defendant with "the time, manner, and place" by which the prosecution alleges that the Hayes committed each of the eight counts against him.

Hayes was arrested on August 17 following an interview conducted with the alleged victim, a girl of 11 or 12 years of age, by the District Attorney's Sexual Abuse Investigation Unit.

In response to the interviewer's questions, the girl detailed five incidents between 2000 and 2004 where she said Hayes sexually abused her, according to a police report filed by Det. Dennis McKenney.

The first three alleged incidents happened in 2000 and 2001, when the girl was five years old and in kindergarten. The girl detailed another incident when she was in first grade as well as one when she was in third grade.

In a second discovery motion filed by Wernick, the attorney requested the names of all physicians, psychologists, and counselors who may have been sources of medical or psychological diagnosis for the alleged victim as well as copies of all of her medical and psychological records.

A request was also made to receive notice of any intention by the prosecution to introduce at trial any evidence of criminal conduct or wrongdoing by Hayes that he was not charged with, including descriptions of the uncharged conduct.

Under the request for exculpatory evidence, Wernick asked for any evidence that the girl had lied to anyone about anything related to the events that resulted in Hayes' arrest as well as any evidence of bias against Hayes arising from matters unrelated to the alleged sexual misconduct.
 

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