Onset video store manager cleared

Grand jury dismisses indecent assault charges

By David Rising, Standard-Times staff writer
WAREHAM -- A grand jury has decided that there is not enough evidence to go ahead with charges against an Onset store manager, who was accused by police of inappropriately touching three 13-year-old girls last year.
On May 29, a Plymouth County grand jury "no-billed" the case of 24-year-old Eric Johnson -- a decision meaning the jury found no probable cause to indict the Carver man on the three counts of indecent assault against a child under 14, as requested by Assistant District Attorney Jeanne Holmes.
First Assistant District Attorney said the grand jury's ruling meant the case was over.
"Based upon the grand jury's action, no further prosecution will take place unless there is further evidence forthcoming," Mr. Gaughan said.
Mr. Gaughan said the grand jury's refusal to indict was "not a rare occurrence."
The case dates to the afternoon of May 24, 1997, when Mr. Johnson stopped the three girls from leaving the Onset Village Market, suspecting them of shoplifting a bottle of iced tea.
He found no stolen goods, but the girls say they were inappropriately touched under their clothes during the search.
Mr. Johnson's lawyer said in the past that his client admits that he patted down the girls outside of their clothes, but denies any other touching.
Mr. Johnson no longer works at the Onset Village Market, and could not be reached for comment. Nor could his attorney, Donald J. Correa of Plymouth.
But the allegations against Mr. Johnson aside, it was the legal process in this case that raised the ire of many.
Before their videotaped testimony was heard by the grand jury two weeks ago, the girls didn't have a chance to have their case heard in court.
Clerk Magistrate Paul Walsh Sr. dismissed the case after holding a hearing that was attended by witnesses for the defense, but none of the complainants.
Wareham Police Officer Walter Correia originally filed a criminal complaint alleging three counts of indecent assault on a child under 14, felony charges. Under normal circumstances, that complaint would have meant that Mr. Johnson would have been arraigned before a judge.
But the language of the complaint was amended by Mr. Walsh's first assistant, Daryl Manchester, so that the arraignment became a show-cause hearing before the clerk magistrate.
Mr. Walsh said at the time that the police asked that the change be made, but Officer Correia and Wareham Police Chief Thomas Joyce said they never authorized, let alone asked for, any change.
After the girls' lawyers unsuccessfully appealed to three District Court judges to hear their clients' stories, the district attorney's office decided to take the case directly to the grand jury.
New Bedford attorney Donald Brisson, who represents two of the girls, said that even though a court had now heard their testimony, his clients are not satisfied.
"It's some consolation that somebody actually listened to them, but it's still frustrating and puzzling that somebody could hear these facts and say that there's nothing criminally wrong with them, Mr. Brisson said.
"The satisfaction would be that some group of people out there would say that what he did was wrong, and that he shouldn't have done it -- that's satisfaction."
While a criminal case against Mr. Johnson cannot proceed without new evidence, Mr. Brisson said a civil case against him is still pending with the Massachusetts Commission Against Discrimination.
The complaint alleges that Mr. Johnson and the Onset Village Market discriminated against the girls because they were all of Cape Verdean descent.
Buzzards Bay attorney Lee M. Berger, who represents the third girl, said the grand jury's decision did not hurt the civil case.
"My client is certainly disappointed, but it doesn't mean anything in terms of the civil case," Mr. Berger said.
"An indictment wouldn't be admissible in a civil case in any event. There would have to be a conviction."