Essex County Jury Convicts Father And Son For Larceny
The Lawrence Eagle Tribune reports that an Essex County jury convicted former Department of Public Works Director James Flaherty, 67, and his son Kevin Flaherty, 37, on larceny charges. This verdict comes following a protacted trial in an Essex County Massachusetts Superior Court where the two men took the stand in their own defense.
James Flaherty faces up to five years in prison for the larceny conviction. His son faces the possibility of an increased sentence due to convictions for presenting a false claim. Although the prosecutor asked for immediate incarceration, the duo remain free at least until their sentencing hearing scheduled for June 20th.
In order to be convicted for the crime of larceny, the prosecutor must prove that the defendants took the property from another individual with the intent to permanently deprive the owner of the property. In this case, the prosecutor's theory was that the father son team used the city account to buy hardware for their private use. In Massachusetts, a conviction for larceny of propery valued at under $250.00 is a misdemeanor, with the maximum sentence being a sentence to the house of correction. A conviction for the felony charge of larceny of property valued at over $250.00 carries the potential penalty of a committed sentence to state prison.
In the case, the government claimed that the pair commited larceny by using city accounts to buy hardware for their private use.
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