Newton Sweet Tomato Crash Case: Judge Hears Medical Testimony

NEWTON, MA — The judge had a number of side bars with attorneys this morning as the Sweet Tomato fatal car crash case progressed with medical statements, including those of a superintendent of the Middlesex Jail & House of Corrections about accommodations the prison can make for disabled people.

"The purpose of this hearing is to put me in a position of what to advice if there were pleas of guilty," the judge told the court Thursday morning at the Middlesex Superior Courthouse.

Newton resident Brad Casler, who stands accused of killing two with his car sat watching from the table at the front of the room wearing a dark suit, his face pale, a walker propped next to him. When court was in session he appeared to have difficulty standing all the way up without support.

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Earlier this month the judge heard statements from those friends and family members affected when Casler drove his car into Sweet Tomatoes pizzeria killing two and injuring seven others. Friends of Casler asked the judge not to send him to prison at that time. Casler originally pleaded guilty, but is expected to change his plea on Oct. 2 when he's next in court.

Today, Sept.21, the judge asked Carole Cafferty, Supt. of Admin. & Program Services at the Middlesex Jail & House of Correction how inmates with disabilities were treated at her jail. She told him they follow the law and comply with Federal ADA. "We will provide reasonable accommodations," she said.

"What are the range of accommodations for someone who might have a disability?" asked the judge.

"Well, it depends on the condition they have and any parameters we're bound by with regard to security level," she said noting if they couldn't provide accommodations themselves, they could take them out of the prison to treatment. "We don't want to isolate people, however we are concerned about their safety."

Casler's attorney asked whether it would be a challenge if someone required "70 different medical appointments within a 60 day period."

Cafferty said if they were required, then they would have to accommodate somehow.

"We get everybody and we're mandated to care for everybody to the best of our ability," she said, even if that meant additional costs sometimes.

Before Cafferty took the stand, the judge asked a doctor whether MS, which Casler is diagnosed with, is hereditary.

Ellen Lathi a Wellesley based doctor who specializes in MS, told the judge, "That's an interesting question. The answer is "yes" and "no."

Casler will be back in court on October 2, to advise whether he will plead guilty in connection with the criminal deaths of two people in 2016. The state has suspended Casler's license.

Casler's attorney Thomas Giblin told reporters after court that it was Casler's medical condition that led to the accident. " He had a medical episode that caused him to lose control of his vehicle... we're talking about an accident here... a very unfortunate accident."

He said he didn't think the jail could give Casler, whose condition he described as deteriorating would be able to be accommodated effectively there.

Giblin said he and Casler will return Oct. 2 to let the judge know which direction Casler is leaning toward, though he said it was Casler's intention to plead guilty.

"Mr. Casler doesn't want to put people through a trial, that is the reason," he told Patch.

Here's the video of the attorney after court we apologize for the poor sound quality! We're learning.

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Photos by Jenna Fisher/Patch staff