Viarella’s court appointed attorney, Michael Baldassarre, argued that his 1982 OUI conviction may have been in error, stating that there is some confusion as to whether it was his client or his client’s father, who was also in the courtroom, behind the wheel at the time. With that in mind, Baldassarre asked for his client to be released to his father’s custody whom he currently lives with, and monitored around the clock via electronic bracelet.
Kennedy asked that Viarella be held without bail pending a dangerousness hearing which would feature testimony from Newbury police officers involved in the case.
McCabe agreed with Kennedy’s argument that Massachusetts laws allow for dangerousness hearings for defendants with three or more OUI convictions and ordered him held without bail. Viarella’s dangerousness hearing is scheduled for next Wednesday.