Witness in kidnapping case headed to court
Matthew Nugent, of Billerica, Mass., appeared in court on Thursday alongside his defense lawyer to argue that his two-plus months of incarceration was in violation of his constitutional rights.
Nugent has been held in solitary confinement because he is being held in the same jail as Luis Carvalho, 33, of Taunton, Mass., whose trial on kidnapping and burglary charges was delayed indefinitely due to Nugent’s refusal to testify.
He spent more than two years behind bars awaiting trial.
Carvalho is accused of donning black clothing and storming a Windham home with another man and restraining a 20-year-old woman last April 15.
Assistant County Attorney Patricia Conway argued that the judge could hold Nugent indefinitely as long as he continues to defy the judge’s order to testify.
“Mr. Nugent holds the keys of the jail cell in his hand. He is punishing himself,” Wageling said. “He will get out of jail when he testifies.”
Prosecutors and defense lawyers would be allowed to ask Nugent questions — much like during a trial — if he chooses to finally testify. Wageling will preside over the hearing.
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