Asked about his motion to release David Casey on personal recognizance, Berkshire District Attorney David Capeless said it was done for Casey's safety.
SPRINGFIELD - Court records show David Casey - a major prosecution witness in the Berkshire triple murder case - had his bail reduced from $1 million to personal recognizance May 1.
That was the day he finished testimony in the case against one of the co-defendants David Chalue.
The bail reduction motion by Berkshire District Attorney David Capeless was not discussed in open court. The jury in Chalue's trial does not know about the change in Casey's status. He told the jury when he testified he was held on $1 million bail.
Asked Monday about his motion to release Casey on personal recognizance, Capeless
said it was done for Casey's safety.
He said measures have been taken to protect Casey but that is all he can say about the matter.
Casey had been held in the Berkshire County House of Corrections since his arrest in early September 2011 on $1 million bail. He testified in Adam Lee Hall's trial in January. He is charged with three counts each of accessory after the fact of murder, accessory after the fact of kidnapping and accessory after the fact of witness intimidation.
No trial date has been set for Casey.
Among questions asked by Chalue's lawyer Donald Frank on cross-examination of Casey was whether he would like to be out of jail.
"That would be nice," Casey said.
Capeless said there have been measures taken to protect other witnesses in the cases against the three defendants.
In August 2011, weeks before he was to testify against Hall, David Glasser and his roommate, Edward Frampton, and their friend Robert Chadwell, all of Pittsfield, disappeared. Their dismembered bodies were found in Becket 10 days later.
Hall, 36, of Peru; Chalue, 46, of North Adams, and Caius Veiovis, 32, of Pittsfield, kidnapped the three victims from Frampton's Pittsfield home sometime in the early hours of Aug. 28, 2011, and fatally shot them, according to prosecutors.
A Hampden Superior Court jury in February found Hall guilty of multiple charges, including the first-degree murders of the three victims. He is serving life in prison without the possibility of parole.
The cases, which are being heard separately, were moved to Hampden Superior Court by Kinder after defense lawyers said extensive publicity in Berkshire County would prevent a fair jury from being selected.
Veoivis trial is scheduled for September.
Casey testified at both Hall and Chalue's trials Hall threatened himself and his family so he had to help Hall bury the remains of the victims. He said Hall described the killing of the victims to him.
Casey, in Chalue's trial, acknowledge he told police at first Hall never said names of anyone who helped with the killings.
On the stand in the trial he said he isn't sure but Hall might have said "Davey" as one of the names.
Jurors on Monday heard testimony about what investigators found on the Daniel Cole property in Becket on Sept. 9, 2011, after Casey had pointed them there.
State Police Sgt. Christopher Meiklejohn said he and other investigators found an area that looked as if it were dug recently. A cadaver dog was brought to the scene. It was suggested they use dowels to aerate the dirt.
As soon as they did that water began oozing out containing a fatty substance, he said.
Then through a painstaking process, dirt and large stones were moved from the ditch, until they saw a severed arm and more than a dozen plastic garbage bags, he said. Jurors were shown a picture of the arm as it lay in the ditch on the large screen.
State police Sgt. Brian Berkel of the Berkshire Detective Unit testified he was at the autopsies done by then-state medical examiner Dr. Jennifer Hammers.
Attempts were made to identify the remains. Fingerprints were taken from hands. They were identified as Glasser, Frampton and Chadwell.
Three skulls were in one plastic bag.
Berkel said Hammer set out three separate gurneys. "As we determined whose parts we had with each bag they were arranged anatomically on the gurneys," he said.
Berkel took five bullets or fragments removed from the men to the state ballistics laboratory, he said.
Hammers is slate to testify Tuesday.
Jurors heard testimony earlier Monday from law enforcement personnel who came to the BP station in Pittsfield on Sept. 4, 2011, when Veiovis' Jeep was stopped and Veiois, Hall and Chalue were searched and questioned.
They were not arrested at that time although police seized the Jeep, Hall's boots and socks, and the cell phones of the three men.