EagleTribune.com, North Andover, MA

October 18, 2012

Man accused of using gun to rob CVS held after hearing

By Mike LaBella mlabella@eagletribune.com
The Eagle-Tribune

---- — HAVERHILL — The lawyer for a man charged in the armed robbery of a CVS argued that he be released on bail because he was not taking his anti-psychotic medications at the time of the robbery and was not thinking clearly.

At a dangerousness hearing yesterday for Richard Kennedy, defense lawyer Timothy Connors argued that he be released on some bail amount and undergo a mental health evaluation, remain compliant with his medications and be put on an electronic monitoring bracelet. Connors told the court his client had not been in trouble with the law since 2004, except for two motor vehicle charges, including driving with a suspended license. Connors said he drove a car at that time to bring his wife to chemotherapy appointments.

Assistant District Attorney Brad Pappalardo asked that Kennedy be held without bail for 90 days, saying there were no available conditions of release that would ensure the public’s safety. Judge Stephen Abany agreed with Pappalardo and ordered that Kennedy continue to be held without bail. A probable cause hearing is Nov. 19.

A store security camera photo appearing in The Eagle-Tribune several days after the Sept. 30 robbery lead to the arrest of Kennedy, 41, of 10 Varnum St, Apt. 2. Police charged him with armed robbery while masked. Kennedy was also charged with shooting a gun in connection with another incident on Presidential Drive, police said.

Police said they received information from a resident identifying the person in the photo published Oct. 4 in The Eagle-Tribune as Kennedy. The photo shows a man with a scarf over his face. Officers obtained a search warrant based on the information and used it on the morning of Oct. 5 at his home, where they found the gun from the robbery and pills stolen during the crime, police said.

According to a police report, Kennedy entered the CVS on Lowell Avenue and used a fake name to try to refill a prescription for Vyvance, a controlled substance similar to amphetamines. After the false name was not found in the system by a pharmacist, Kennedy pulled out a large handgun and demanded the pharmacy worker give him every bottle of Vyvance in the store, police said.

Kennedy was arraigned Oct. 5 in Haverhill District Court on charges of armed and masked robbery, using a firearm in a felony, two charges of unlawful possession of a firearm, two charges of unlicensed possession of ammunition, possession of a Class E drug with intent to distribute, assault with a dangerous weapon, and discharging a firearm less than 500 feet away from a building. He was ordered held without bail at Middleton jail, pending yesterday’s dangerousness hearing.