TAUNTON — In a new legal filing, the special prosecutor for the domestic violence case against Taunton Mayor Shaunna O'Connell says he has plenty of evidence to convict her even if her husband refuses to testify.
That evidence includes including a 911 call recording, her husband Ted O'Connell's injuries, her statements to police and a video recording of Shaunna O'Connell on top of Ted O'Connell's car.
"The Commonwealth has numerous avenues to prove its case even in the absence of Mr. O'Connell's testimony," the special prosecutor wrote in his legal filing. The prosecutor asked the judge to deny Shaunna O'Connell's recent motion to dismiss the case.
In July, Ted O'Connell told Taunton Police that his wife had bitten his left forearm and had struck him with a gasket scraper, which the police report also referred to as a small crowbar, according to a copy of the police narrative. Ted O'Connell allegedly told Taunton Police that his wife had struck him after an argument about a "marital issue."
Shaunna O'Connell was then charged with assault and battery on a family member and assault and battery with a dangerous weapon.
Ted O'Connell says he will refuse to testify
In a legal filing, Ted O'Connell declared his intention not to testify in the case against Shaunna O'Connell . Legal experts told the Taunton Daily Gazette it was unclear if any statements that Ted O'Connell gave during the night of the alleged incident could be admitted as evidence in a trial . The lawyers said it would depend on whether the statements would qualify as "excited utterances" — meaning statements that were made during an ongoing emergency.
In his response to the motion to dismiss filed by Shaunna O'Connell's attorney, the special prosecutor argued that the 911 call that Ted O'Connell made about the alleged incident would be admissible in trial as an excited utterance.
"Mr. O'Connell made a 911 call to a recorded line," special prosecutor Daniel Bennett wrote. "The 911 call is admissible as an excited utterance."
What Ted O'Connell said on 911 call
In the special prosecutor's legal filing, he provides a transcript of Ted O'Connell's 911 call to the police.
Ted O'Connell started the 911 call by telling the dispatcher: "I'm trying to leave. My wife won't let me. She's hit me a bunch of times."
Ted O'Connell then allegedly told police, according to the transcript: "Yeah I got bit and she's gonna throw a…she's gonna hit me with a pry bar again."
Ted O'Connell then said: "I gotta run down the street. I'm leaving. I'm walking down the street right now to get away."
Video evidence exists, special prosecutor says
The special prosecutor said that when a Taunton Police officer spoke with Ted O'Connell, Ted O'Connell showed the officer a video of Shaunna O'Connell on top of his vehicle. The Taunton Police officer was recording the interaction with his body camera.
"Mr. O'Connell showed [Taunton Police] Officer Pietryzk a video that he recorded on his phone of the Defendant on top of his vehicle," the special prosecutor wrote. "The Defendant can be heard responding to questions from Mr. O'Connell."
Did Shaunna O'Connell act in self defense? Special prosecutor argues no
According to the special prosecutor's legal filing, Shaunna O'Connell "told Taunton Police that she caused the victims injuries while she acted in self-defense."
But the special prosecutor said that before claiming self defense, Shaunna O'Connell had claimed the opposite.
"However, in her first conversation with Sergeant Lozado she indicated that Mr. O'Connell had not been physical with her, removing her claim of self-defense," the special prosecutor wrote. "These statements along with the evidence of the victim's injuries are enough to sustain a finding of guilty."
Ted O'Connell's Injuries
Ted O'Connell sustained multiple injuries as a result of the alleged incident that were photographed, the special prosecutor said.
"As a result of the attack Mr. O'Connell sustained numerous identifiable injuries that were documented by photographs and observed by multiple Police Officers," the special prosecutor wrote.
Shaunna O'Connell, however, had no physical injuries, the special prosecutor says.
This article originally appeared on The Taunton Daily Gazette: Prosecutor slams back, says plenty of evidence to convict Taunton mayor — including video
Local News
