Former Truro Police Chief Held in Jail While Awaiting Court Proceeding

76800459BARNSTABLE – Former Truro Police Chief John P. Lundborn was taken away in handcuffs at Barnstable District Court yesterday after a hearing before Judge Christopher Welch.

Lundborn was found guilty of operating under the influence and endangering a child at a trial last month.

Yesterday Lundborn, 47, was scheduled for a sentencing hearing but his attorney was requesting a new trial. That request was denied.

The incident that led to the charges happened last July when Lundborn was found to be driving intoxicated in Hyannis with his three-year-old child in the car. Lundborn had resigned as police chief of Truro after he crashed a police cruiser in 2011.

His attorney, Peter J. Aspesi, requested a new trial because of an incident with a juror that was brought forward from the district attorney’s office but not made public, but Judge Welch denied the request.

Aspesi then requested a second trial on the narrow scope of whether it was Lundborn’s second OUI offense. A defendant is entitled to a trial on that issue if requested. According to Barnstable District Court Clerk Magistrate Charles Ardito III, such requests for a separate trial on the issue of “second offense” are very rare but are allowed.

Welch scheduled the trial on the matter of the second offense issue for Monday, July 20, but he ordered that Lundborn be held in jail without bail until that trial.

Lundborn had been allowed to be free on personal recognizance.

Aspesi argued that there was no reason to hold Lundborn in jail because “there is no change in circumstance” since the last hearing.

But Judge Welch said that circumstances had definitely changed since Lundborn had been found guilty. “There’s been a very large change in circumstance. He’s not getting another trial,” the judge said.

Welch said Lundborn is facing five years in the house of corrections on the charges. “That can drive a man to drink and that can drive a man to injure people like his three year old son,” he said.

Welch said he could not allow Lundborn remain at large while awaiting trail on the second offense issue.

“He’s a danger to society. He drives drunk with three year olds,” Welch said.

Arpesi requested that Lundborn be held at the Dukes County Correctional Facility on Martha’s Vineyard while awaiting Monday’s proceedings, instead of being held in the Barnstable County Correctional Facility. “It’s a safety issue,” he said.

The judge agreed and Lundborn was led out of the courtroom in handcuffs.
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