Suzanne Hardy, 23, of Holland, is accused of manslaughter in connection with a 2014 crash on Route 20 in Brimfield that killed two young brothers who were passengers in her car.
SPRINGFIELD -- The defense lawyer for Suzanne Hardy told Hampden Superior Court Judge Mark D. Mason on Monday that Hardy is not a danger to the community and should be released while awaiting trial.
Mason, after hearing from defense lawyer Joan Williams and Assistant District Attorney James M. Forsyth, allowed Forsyth's request to keep Hardy incarcerated pending trial.
Hardy, 23, of Holland, is accused of manslaughter in connection with a 2014 Brimfield crash that killed two young brothers who were passengers in her car. Brothers Dylan Riel, 4, and Jayce Garcia, 1, of Southbridge, were killed in the June 20, 2014 crash. Hardy was Dylan Riel's aunt.
She had been free on her own recognizance in that case until last week, when she was sent to prison after she was charged in Newburyport District Court with possession of an electric stun gun.
Hardy on July 25 denied the stun gun charge in the Newburyport court, but the prosecutor moved to have her bail revoked in the Hampden Superior Court case because of the new charge.
Bail revoked for woman charged in Brimfield crash
Mason on Monday refused to change the decision to revoke Hardy's bail on the Hampden Superior Court case. He ordered her held without right to bail for up to 90 days.
She was brought to Hampden Superior Court on Monday from the Massachusetts Correctional Institute in Framingham, a women's prison where she was sent July 25.
Forsyth said Hardy was charged in the Newburyport stun gun allegation on April 9 when police stopped a car in which she was riding. He said she was summonsed to court for July 25, at which time she denied the stun gun charge and had the bail in the Hampden Superior Court case revoked.
Forsyth said the car in which Hardy was riding was stopped at 2:44 a.m. She was a passenger in the back seat and a pink stun gun was found on her left side. She admitted it was hers, he said.
Williams said in the two years since the crash, Hardy, who was hospitalized for four to five months, has had ongoing problems from injuries including short-term memory loss coupled with anxiety and depression.
Williams said Hardy told the officer who stopped the car the stun gun belonged to a friend of hers, but could not remember the name. Hardy said the woman was a friend of friends, but could not remember the friends' last names, Williams said.
Williams said that was because of the short-term memory loss.
"Her anxiety kicked in and she said it was hers even though she had maintained it was not hers," Williams said.
She asked that Hardy be released with an electronic monitoring bracelet and a requirement to report to probation.
Mason said the fact she admitted the stun gun was hers and was charged with that crime does represent a threat to the community.
Hardy's trial date for the manslaughter case is Oct. 3. She has pleaded not guilty to two manslaughter charges, two counts of motor vehicle homicide by negligent or reckless operation, one count of assault and battery with a dangerous weapon and three counts of reckless endangerment of a child.
Holland woman charged with manslaughter in Brimfield crash that killed 1- and 4-year-old brothers
Williams told Mason on Monday she has not yet gotten the accident reconstruction report she is due as part of pretrial discovery, so she doubts the trial will be Oct. 3. She said she has a reconstruction expert on retainer waiting to get that report.
In May, Williams asked to move the trial to October, citing the more than 5,000 pages of cellphone records provided by prosecutors, who allege Hardy was texting at the time of the crash.
Williams said she was owed more information from the prosecution, and that a defense expert needs time to go over all records.
Forsyth said Hardy was charged with reckless endangerment of a child because the three children in the car were not properly restrained. There was another 4-year-old child in the vehicle.
As a condition of her release, Hardy had been ordered to stay away from Nicole Riel and Andres Garcia of Southbridge, the boys' parents. She was also ordered not to drive.
Hardy was charged with two counts of manslaughter and two counts of motor vehicle homicide by negligent operation for the deaths of the boys -- meaning she could be founded guilty of either manslaughter or motor vehicle homicide.
A manslaughter conviction carries a sentence of up to 20 years, while a motor vehicle homicide conviction carries a sentence of up to 15 years.