On October 17, Petros “Peter” Sismanis returned to Framingham District Court on a scheduled motion hearing. Through his attorney, Sismanis sought a dismissal due to the Commonwealth’s inability to provide evidence in a timely manner.
“This was initially a Rule 17 hearing,” said Sismanis’ attorney. “The Commonwealth has yet to produce the recording of the 911 call, which contains witness statements. The police have been very slow to produce discovery.”
Criminal Procedure Rule 17 refers to the summons of witnesses and the production of evidence.
Sismanis stands accused of one count of Indecent Assault of a Minor and 2 counts of Witness Intimidation. The charges stem from an alleged incident that took place on January 12, 2023 with an underage female employee of Hillers Pizza, which Sismanis owns. He was arraigned on January 31, 2023 and was present to hear the DA for the Commonwealth read the charges against him.
“The defendant offered to take the victim downstairs to show her the inventory. She stated that the defendant sat in a chair, and that while he was sitting, he put his arms around her waist and placed his hand on the center of her back. She stated that he then stood up and began to hug her, and kiss her on the mouth while holding his hand on the center of her back. She tried to pull away and the defendant continued kissing her.”
“After that finished, he pleaded with her not to say anything because she was ‘too young’. Both parties proceeded upstairs and the victim first called her mother to tell her what happened. The mother was at the scene around 9:00 and spoke to both the victim and defendant. The defendant then attempted to keep both the victim and her mother from leaving the business. The defendant also made statements that he ‘would rather be killed than to call the police’.”
“The victim’s mother then attempted to get in her vehicle, and the defendant blocked the door to keep it from closing. The victim’s mother stated that this went on for about 15 minutes before she was finally able to close the door and leave the area.”
In today’s hearing, Judge Matthew McGrath was not impressed with the Assistant District Attorney for the Commonwealth. “This case has been around since January and it’s a fairly serious offense,” he said.
The ADA replied that she had been in contact with the Town of Hopkinton but that they had yet to provide the transcript and recording of the 911 call.
Judge McGrath gave the Commonwealth until November 30 to produce the requested evidence, otherwise he would entertain a motion to dismiss the case. “This is discovery that should have been provided months ago,” he said.
Contrary to the ADA’s statement in court, HopNews independently confirmed with Hopkinton’s Communications Director Meaghan DeRaad that there are no outstanding requests for her office to produce records. “We are all caught up,” she said.
DeRaad speculated that the request may not have been filed due to the volume of cases the ADA’s office carries.
In a similar case, Sismanis pleaded guilty to two counts of Indecent Assault & Battery in 1998 and was placed on probation.
HopNews



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