Alleged Firefighter Shooter Pleads Not Guilty

Robert O'Connell, alleged shooter of Milton firefighter Joseph Fasano, pled not guilty to two felony charges Wednesday at Norfolk Superior Court, where his lawyer also sparred with the county prosecutor over the terms of O'Connell's bail.

O'Connell, 40, was indicted by a Norfolk County grand jury on Monday. Together the charges of armed assault with intent to murder and assault and battery with a dangerous weapon could land O'Connell in prison for up to 35 years.

Attorney Jack McGlone submitted O'Connell's not guilty plea to Judge Paul Chernoff before urging the judge to lighten his client's bail requirements. McGlone suggested removing the stipulations that O'Connell must wear a GPS monitoring device and can only leave his house during specified hours.

"It's overkill," McGlone said, arguing that with a $500,000 cash bail, deep roots in Quincy and a history of showing up to court for this case, O'Connell is unlikely to skip town. McGlone also asked the judge to reduce the bail amount.

Norfolk Assistant District Attorney Brian Wilson countered that O'Connell is from a prominent family with plenty of resources and the stakes in the case "have never been higher than they are now."

"It's certainly not a case where the defendant is hit in the pocket for $500,000 cash bail," Wilson said.

The O'Connell family's successful development projects include the Granite Links Golf Club and Marina Bay, where the defendant lives and McGlone has an office. Under the terms of his bail, O'Connell is only allowed to travel for court appearances, to his office in the Quincy complex of houses, restaurants and shops, to see his doctor and lawyer and to visit his mother.

Judge Chernoff decided to extend O'Connell's travel hours on Saturday and to allow visits to his mother all weekend rather than just on Sunday. The bail amount will remain the same.

Wednesday afternoon's arraignment also raised questions about the evidence in the case.

Surveillance video cameras at Central Avenue Auto and the parking garage at Marina Bay led Quincy police to charge O'Connell for the shooting, which occurred just before midnight on Dec. 12, 2009 on a ramp at Hancock Street and Commander Shea Boulevard.

The cameras showed a Porsche matching O'Connell's driving away from the scene and then parking in the garage, where O'Connell exited to return to his Marina Bay home.

Fasano, who has since been fired from the Milton Fire Department for insubordination and unbecoming conduct, identified O'Connell as his attacker during his recovery from a single gunshot wound to the abdomen. Police also found gunpowder residue in O'Connell's car.

But on Wednesday, Wilson told the judge during his bail argument that ballistics tests had ruled out one of the 45 mm handguns belonging to O'Connell as the firing weapon and tests on the other were "inconclusive," as were fingerprint tests.

Police also failed to find gunpowder on O'Connell's clothing during a search of his home, though Wilson pointed out that enough time had passed since the crime that the defendant could have easily discarded or washed away any evidence. He called the state's case against O'Connell "strong" and attempted to head off a self-defense strategy by noting that such a strategy would require the defendant to prove imminent threat of death or bodily injury.

The next court date for O'Connell, a procedural pretrial conference, is scheduled for July 12 at 2 p.m.