Discovery complete as possible trial draws closer in ‘scarecrow’ case
The court has to sort through several remaining motions later this month before John Grace’s trial is scheduled.
Discovery in the case against a Acton man accused of erecting “scarecrows” criticizing schools Superintendent Laurie Hunter is “substantially complete,” prosecutor Nick Martin says.
The defense wants access to additional communications involving Hunter, but — at least for now — a judge says that’s not happening.
The court has to sort through several remaining and expected motions. Roughly nine months after his arrest, however, John Grace’s case is inching toward a trial.
“Obviously, I disagree with the ruling,” defense attorney George King told the court on August 19 as he discussed Judge Maureen McManus’ decision to reject his document request.
Hunter has a harassment prevention order in place against Grace due to previous clashes. Police arrested Grace last November on a charge that he placed the scarecrows in violation of the order.
The signs bore messages including “Fire liar Hunter” and “The hatchet for Hunter.”
The superintendent said she feared a violent outburst from Grace. King has not acknowledged that Grace placed the signs, but argues that the messages were protected free speech advocating the dismissal of a public official.
During the standard discovery process, attorneys must share relevant materials. King acknowledged during his client’s latest appearance in Acton District Court that he’s received “a significant number” of emails exchanged by Hunter and Police Chief Thomas Mulcahy.
Earlier this summer, King sought additional written correspondence that might not qualify under ordinary discovery. He raised questions about how police “got involved in a political dispute.”
A school district attorney called it a “fishing expedition” and opposed the request.
McManus recently sided with the district. King said he’d file a motion to reconsider.
Other motions are still pending, including a prosecution request that could force Grace to share his phone passcode. That was the first motion filed after Grace’s arrest, but there’s been no ruling.
Attorneys are due back in court later this month to discuss remaining motions, and the court could soon schedule a trial date.
