EagleTribune.com, North Andover, MA


January 26, 2013

Charges dropped in robbery case

Man who police said was robbery victim refuses to testify

HAVERHILL — Charges have been dropped against two men who police said attacked and robbed another man, after luring him to an apartment on the pretense they were selling a popular video game system.

William Haley, 30, of Sanford, Maine, and Robert Caracoglia 38, of 15 Central St., third floor, were charged with armed robbery and assault and battery with a dangerous weapon in connection with an incident on the night of Nov. 13.

Their cases were dismissed this week, after the man identified by police as the victim chose not to testify against them. At a hearing Jan. 23 in Haverhill District Court, Assistant District Attorney Greg Friedholm said the alleged victim wished to exercise his Fifth Amendment right not to testify.

The Fifth Amendment to the U.S. Constitution gives citizens the right to refuse to answer questions or give testimony that could provide self-incriminating evidence of an illegal act they could potentially be punished for.

“Without his testimony, we were unable to proceed, therefore the cases against both men were dismissed,” said Carrie Kimball-Monahan, a spokeswoman for the Essex District Attorney’s Office.

Kimball-Monahan said Friedholm appeared at the hearing because the charges against the two men would have ultimately been in the jurisdiction of the Superior Court.

Police said the arrests of Haley and Caracoglia stemmed from a complex, sometimes chaotic situation that unfolded on the night of Nov. 13 at the edge of downtown that included investigators being told there was a gunman in the area to throw them off the trail of the alleged robbers.

After they were arrested, officers searched Haley and found $191 on him, including a $100 bill the victim said was taken from him, police said. Caracoglia had $163 on him when searched him, police said. Haley’s work boots were placed into evidence due to the report of the victim being kicked, according to the police report.

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