Tag: Tobin Kerns

Exclusion of evidence sought in massacre-plot case; Teen’s attorney wants warrant for search of home nullified:

Tobin Kerns’ attorney, William McElligott, said that he is going to file a motion to suppress evidence taken from the Kerns’ home. His argument is that the search warrant was obtained on information from Joseph Nee who is now a co-defendant. From the article…

McElligott said he will seek to nullify the search warrant Marshfield police obtained for their search of Kerns’ home. Search warrants should be based on the statements of an ‘‘informant who is reliable,” he said.

While I think this is great news for Toby, I can’t help but ask, wouldn’t this also mean that evidence seized couldn’t be used against Joe Nee either?

Mr. McElligott is also looking into Joe Nee’s “no criminal record” by looking into an alleged assault at a skate park where no charges were filed against Nee, but the victim required medical treatment. He is also looking into the police histories of Daniel Farley and Joseph Sullivan, two teens who will testify as witnesses, but some say are also involved.

UPDATE: According to this article, Nee’s attorney, the always amusing and perverted cop defender Thomas Drechsler, plans to file for a change of venue. He says the media coverage would make it impossible to find a partial jury in Plymouth County.

Teen held in massacre plot freed on bail to parents:

Joe Nee out on $20K bail:

These are two more articles on Joe Nee’s release, and it seems like to be the Massachusetts media is starting to side with Joe Nee. So let me reiterate my opinions on the matter.

His father, president of the Boston Police Patrolmen’s Association Tom Nee, threw Joe Nee out of his house. Kids aren’t usually thrown out of the house for being good kids.

Joe Nee was the one who wore a homemade shirt with the date of the Columbine massacre and “Remember the Heroes” written on it in German to school several times. Nee also dressed as Eric Harris for one Halloween.

Joe Nee was the one who was witnessed bringing a gun to school. Whether or not the witness could tell whether the gun was real or not is irrelevant. If the gun looked real, the only other way to tell it’s real is if it’s being fired. Luckily, that didn’t happen.

In my opinion, Joe Nee turned in Toby Kerns to cover his own ass before Toby could turn him in.

Just because he’s a cop’s son doesn’t automatically make him an upstanding citizen. According to previous reports, the reason Joe Nee was thrown out of his house was that he assaulted his own father.

After the Kernses took Joe Nee in, it was in Nee’s room where the plans were found and where Nee had placed a giant swastika on the wall.

And like I’ve said many times before, when this story first broke, and I was being pretty rough on the Kernses, a number of people from the Marshfield area came to his defense. And again, I have yet to get one comment or e-mail in defense of Nee. I think that speaks volumes.

I just hope that the jury can see through the diversionary tactics that Nee’s attorney is using.

For those of you who have been following the Marshfield saga along with me, Joe Nee was released on $20,000 bail today…

Nee Free on $20,000 Cash Bail

The second suspect in the alleged plot to commit murder at Marshfield High School is out on bail.

The parents of 18-year-old Joseph Nee posted the 20-thousand cash bail at the Brockton Superior Court Clerk’s office shortly after Judge Suzanne Delvecchio set the bail. Nee’s father Tom says he is happy to have his son free, especially since the boy’s grandfather is near death. Defense attorney Tom Dreschler argued that circumstances have changed involving his client. He cited the fact that Nee’s co-defendant Toby Kerns is free on bail and that Kern’s has a lengthy juvenile record. Judge Delvecchio says the fact that Kerns is out on bail was one reason she set bail on Nee. The judge also ordered that Nee’s release be based on conditions set by the probation department.

Source

As usual, Nee’s attorney, Tom Dreschler, has been trying to deflect blame away from his client by citing that Toby Kerns has a criminal record.

I find the term “lengthy” to be a bit overdramatic. As I said before, one does not have to have a criminal record to be a criminal. How many of us know someone who had a relative in an authoritative position that allowed them to escape any kind of punishment?

Toby Kerns didn’t have that luxury. Who’s to say that Joe Nee’s criminal record might have been more sordid than Toby Kerns’ if his father wasn’t a Boston cop? Also, like I mentioned the other day, the witness who said she saw Joe Nee bring a gun to school changed her testimony and said she didn’t know if it was real or not. It seems very suspicious to me.

Marshfield student was expelled before:

Joe Nee’s lawyer, Thomas Drechsler, is pulling out all the stops in trying to make Toby Kerns look as bad as possible in order to get his client released. Dreschler made public that Kerns was expelled from a school in Washington State for threatening to shoot a classmate even though that local authorities in Washington concluded that Kerns ”was not an imminent threat” to the girl, but that ”he definitely needed counseling and supervision.” He apologized to the girl, her parents, police, and the school.

Nee’s lawyer, Thomas Drechsler, argued yesterday that it was unfair to keep Nee jailed without bail while allowing Kerns to roam free. Unlike Kerns, who was on probation when he was arrested in September, Nee has no prior criminal record.

Which is all well and good, but Joe Nee was the one wore a homemade shirt with the date of the Columbine massacre and “Remember the Heroes” – a reference to Columbine killers Dylan Klebold and Eric Harris and dressed as Harris for Halloween at school. Not to mention, the only reason Joe Nee may not have a criminal record is that any time he may have been picked up he might have said: “my dad is the head of the Boston Police union”.

But what’s scary is this…

A judge agreed yesterday to schedule a hearing Tuesday on Drechsler’s contention that Nee should be freed on bail because of new evidence he received that raises questions about the strength of the case.

That evidence, he said, includes information that a girl who told police that she saw Nee carrying a gun on a school bus last June testified before a grand jury last fall that she wasn’t sure if it was real. And a student who is a key witness against Nee had previously committed crimes with Kerns, Drechsler said, adding that the revelation raises questions about the witness’s credibility.

Let’s hope a judge can see past Toby’s past problems and realize that just because someone doesn’t have a criminal record doesn’t mean they can’t be a criminal.

And as a side note, I’m still waiting for someone to send me an e-mail or a comment in defense of Joe Nee.

No place like home:

This is another article about how Toby Kerns is adjusting to life at home again. What struck me about this particular article was the quote about Joe Nee’s family…

Joe Nee’s family has chosen not to speak to the press, but Nee’s lawyer has argued that Nee is a hero for turning in Kerns and that Nee was arrested only after witnesses “came out of the woodwork” because the police went public with the investigation.

That is eerily reminiscent of the parents of Eric Harris, who have refused to talk to the press.

Just an observation.