District Attorney Drops Larceny Charge Against Judge Over Crib Sale on Craigslist
Posted Aug 20, 2012 1:16 PM CDT
By Mark Hansen
Updated: The Middlesex District Attorney’s office announced that it has dropped misdemeanor larceny charges against a Massachusetts judge over alleged misrepresentations of the features of a combination crib-and-playpen set she sold on Craigslist.
Cheryl Ann Jacques, an administrative judge with the state Department of Industrial Accidents, could have faced a year in jail and a $300 fine, the Boston Herald reported.
A spokeswoman for District Attorney Gerard Leone Jr. told WCVB that prosecutors filed a nolle prosequi Monday night, which means that there was not enough evidence to prosecute.
Jacques, a former state senator, is accused of selling an incomplete baby's Pack 'n Play Playard to a woman on Craigslist in May for $75.
Tracey Christopher, who bought the set, said Jacques represented to her before the sale that the set came with a vibrating pad and was in good working order. She said she found out otherwise after she got it home.
Christopher said when she asked for her money back, Jacques told her that Craigslist's sales are "as is."
"Her response was basically ... 'I'm not a store. I don't take returns," Christopher told the Herald.
Jacques' lawyer, Leonard H. Kesten, said Jacques unintentionally misrepresented the model of the set she sold Christopher, which did not include the vibrating pad or folding canopy that Christopher wanted. He also said Jacques was prepared to refund Christopher's money.
"It's amazing. It's too ridiculous for words that this is in the criminal justice system," he said. "You would have to prove beyond a reasonable doubt that she knew there were parts missing and then lied about it. It's a ridiculous concept."
Updated Aug. 21 to note that the charge had been dropped.