At yesterday’s hearing, Assistant District Attorney John DePaulo referred to a police report, saying that on Sept. 22, four days after Pagliarulo was sentenced, he drove a vehicle. He said Pagliarulo was subsequently arrested for driving without a license. Abany questioned DePaulo about how this event came to his attention and DePaulo said had heard that some type of incident may have occurred in New Hampshire, so he checked with various authorities before calling Atkinson police last week.
Yesterday a Probation Department official said that according to the Sept. 22 police report, Pagliarulo told Atkinson police he moved his truck to the end of his driveway and parked it in the street to walk his dog when he saw a white van bearing the name “Viens’’ drive by.
Pagliarulo’s defense lawyer, Scott Gleason, said Pagliarulo has a 150-foot-long driveway with an electronic grid that crosses the driveway and that on Sept. 22 he drove to the end of the driveway to bring his dogs for a walk when a van passed by him. Gleason said Pagliarulo is the one who called police to report what had happened.
”Police were getting reports from neighbors that there was a van that was making its way up and down the street,” Gleason said. “You have to go a little bit out of your way to be on this street.”
Gleason said police contacted Viens to ask if he’d driven past Pagliarulo’s home. Gleason said Viens told police he wanted Pagliarulo to know that “I know where you live.”
Yesterday, Gleason asked the judge for leniency for Pagliarulo, saying he’s learned a significant lesson.
”There is no evidence at all that would constitute driving on a public way,” Gleason said.
DePaulo said the instructions given to Pagliarulo at his sentencing hearing could not have been more explicit.