Published: 2009-03-26 11:42:53
Author: Mark E. Vogler and Jim Patten, Eagle Tribune, December 6, 2008
SALEM - Lawyers for popular Lawrence attorney Socrates De La Cruz and Haverhill chiropractor Troy Wheelwright proclaimed they had been exonerated of auto insurance fraud allegations yesterday after a judge dismissed their April indictments.
Superior Court Judge Howard Whitehead threw out the indictments after finding that prosecutors had failed to show probable cause that a crime had been committed.
De La Cruz, 34, of Methuen and Wheelwright, 40, of Amesbury were among eight area people indicted by an Essex County Grand Jury that determined they were part of a conspiracy to stage phony accidents to defraud insurance companies.
The indictments stem from an investigation initiated more than two years ago by the state attorney general's office, working with detectives of Lawrence's auto insurance fraud task force and investigators of the Insurance Fraud Bureau of Massachusetts. That probe focused on four separate staged crashes that occurred between October 2002 and February 2003.
Harry Pierre, a spokesman for Attorney General Martha Coakley said the AG's office was "reviewing our options,'' in the wake of the dismissal.
"The court's decision reflects there was an absence of probable cause, and absence of evidence to charge Mr. De La Cruz with any of the indictments," said his defense attorney Hank Brennan.
"And in consequence, the court through its ruling dismissed all the indictments against Mr. De La Cruz," Brennan said.
Paul Cirel, lawyer for Wheelwright, also welcomed the decision. Wheelright is the owner of Haverhill Family Chiropractic at 606 Broadway, Haverhill.
"We told you he would be vindicated from day one," Cirel said.
Cirel noted that Whitehead had allowed the motions to dismiss because there was never any evidence his client and De La Cruz had committed a crime.
Similar motions filed on behalf of Michael Kaplan, 46, of Hampstead, N.H., operator of Kaplan Chiropractice, 200 Sutton St., North Andover, and Omar Castillo, 35, of Methuen, a runner and former van driver for Kaplan, were denied, Cirel said.
The dismissed indictments could raise defense attorney challenges for others being prosecuted by the attorney general's office. Among those indicted was Andover Attorney James C. Hyde, 56, of Boxford. He is a partner of the Andover law firm of Berger and Hyde.