Clifford Ahern, 60, of East Longmeadow, is charged with attacking a police officer with a knife on Nov. 4.
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SPRINGFIELD -- A prosecutor said Wednesday that Clifford Ahern should be held without right to bail because he presents too much of a danger to his wife and to East Longmeadow police Sgt. Steven Manning.
But Ahern's defense lawyer Lawrence Madden said his client is no danger to anyone since he is a paraplegic for life after being shot twice in the back last fall by East Longmeadow police Officer Joseph Dalessio.
Joseph Dalessio is the son of East Longmeadow Police Chief Jeffrey Dalessio.
Hampden Superior Court Judge John S. Ferrara took under advisement Assistant District Attorney James M. Forsyth's request for Ahern to be held without right to bail for 120 days because he is too dangerous to be released under any conditions.
Ferrara heard testimony from Manning and two investigators Wednesday. Joseph Dalessio, who was in court, was not called to testify, though Forsyth early in the hearing indicated he would be.
Ahern, 60, was brought to court by ambulance, with his wheelchair pushed by ambulance personnel. He wore pants and a hospital johnny, with his back exposed throughout the hearing.
He is charged with armed assault with intent to murder, assault and battery with a dangerous weapon, resisting arrest, failure to stop for police and assault and battery on a family or household member.
He denied the charges Jan. 6 when Hampden Superior Court Judge Constance M. Sweeney and all necessary parties went to Vibra Hospital in Springfield to arraign him.
Ahern is now being held at the state's Lemuel Shattuck Hospital in Boston. The hospital collaborates with the Massachusetts Department of Correction and county sheriffs to provide state and county inmates with care in a secure setting.
Manning testified that he and other officers went Nov. 4 to Ahern's Helen Circle address to arrest him on a warrant out of Palmer District Court. The warrant was for domestic assault and battery, with the alleged victim being his wife.
Manning said Dalessio stopped Ahern in his truck near the house and talked with him. Ahern then sped off and stopped at his house. Ahern was yelling his wife's name at the door but could not get in, Manning said.
He said Ahern turned around and saw him about 30 feet away. Ahern said, "You mother------" and "came right at me," Manning testified.
Manning said Ahern had his right arm raised holding a knife and was attempting to stab him. He put his left arm up to block Ahern and was reaching for his gun.
"The next thing that I remember is I heard two gunshots," Manning said.
Forsyth acknowledged during the hearing that Dalessio fired the shots.
Asked if he was struck by Ahern's knife, Manning said, "At that time I did not know." He said he later saw there was a tear in his shirt. Manning said he and Dalessio were transported to the hospital.
Manning said he was at the hospital for about two hours. When Madden asked what treatment Manning received, he said he got his blood pressure checked -- "nothing major."
Madden had Manning identify a picture of the folding knife that Ahern used.
When Ahern was on the ground after being shot, Manning said, Ahern shouted, "You f------ paralyzed me." He was complaining about being handcuffed and was argumentative, Manning said.
Forsyth asked Manning about his history with Ahern. Manning said he testified against Ahern in 2008 when Ahern was convicted of assault and battery on a person over 60 years old in Palmer District Court. Manning said Ahern said to him in open court, "You're a f------ liar."
Manning also said that, prior to Nov. 4, he went to Ahern's house after a third party had called to have police check on Ahern's wife for her safety. He said he was trying to separate Ahern from his wife but Ahern followed him around, staring at him.
Questioned by Madden, Manning said he knew Ahern was at the East Longmeadow police station right before he and others went to serve him with the warrant at his home. It was unclear from testimony why Ahern visited the police station.
In arguing against Ahern being held without right to bail, Madden said, "He's paralyzed. He's currently a paraplegic and will be for the rest of his life."
"Mr. Ahern in his current condition is no danger to anyone," Madden said.
He told Ferrara he wondered why police, if Ahern is so dangerous, did not arrest him on the warrant when he went to the police department on Nov. 4.
Asked by Ferrara where Ahern would go if released, Madden said he would remain in a hospital setting. He said Ahern could be transported to Baystate Medical Center by ambulance or stay in Lemuel Shattuck but in the general population, not in the secure section.
That would be until Ahern "gets to where he needs to be, which is a rehabilitation hospital," Madden said.
He said Ahern could be electronically monitored and the court could order him to stay away from his wife and Manning. Ahern's wife has a restraining order against him, Madden said.
Ferrara questioned whether facilities would automatically accept Ahern and how his care would be paid for. But the judge said the danger posed by Ahern seems to be "dramatically altered" by events that left him paralyzed.
Forsyth said Ahern is somewhat mobile in his wheelchair. He said people come into court in wheelchairs charged with committing crimes. He said as time goes on Ahern will become a bigger threat.
East Longmeadow Detective Joseph Barone and state police Sgt. Thomas Fitzgerald also testified Wednesday. They said they assisted in the investigation of the incident, including interviewing witnesses and the examination of the scene.
Police Chief Jeffrey Dalessio said in mid-November the officers involved in the shooting have since been removed from administrative leave and are back on duty. The police chief, citing the ongoing investigation, declined to release their names.