Lawyers spar over Dupon’s records, resolution broached

The notion of a resolution emerged Friday when Zachary Dupon made an appearance in Edgartown District Court for a motor vehicle homicide by reckless operation charge he faces in the death of Emma Hall. — Rich Saltzberg

Zachary Dupon made an appearance before Judge Benjamin Barnes in Edgartown District Court on Friday for a motion hearing. Dupon’s attorney, Rachel Self, and Cape and Islands Assistant District Attorney Matt Palazzolo locked horns on access to Dupon’s medical records, much the same as they had in a March hearing.

Dupon faces a charge of motor vehicle homicide by reckless operation. That charge stems from the Dec.19 death of Emma Hall on Beach Road in Tisbury. Hall was killed in a head-on collision with Dupon’s vehicle. Hall’s two passengers sustained injuries. 

“We have been trying to talk to the commowealth since February to come to a meaningful resolution of this matter,” Self said. “We are not necessarily seeking to try this case. Mr. Dupon is eager to take responsibility for what he knows is a devastating tragedy for all parties involved, and he wishes to spare the Hall family any further pain.”

Self went on to tell the court she had submitted a letter to the Cape and Islands District Attorney’s Office that included a restorative justice plan. 

“Certainly we’re amenable to resolution,” Palazzolo said. However, he qualified that by saying discovery remains incomplete. “We don’t want to be making offers and resolving the case when there could be potentially new evidence in the medical records,” he said. “We don’t have the crash report yet. So we’re certainly negotiating in good faith. We just want all the relevant information first.”

Self demanded Dupon’s mobile phone be returned to him. Palazzolo said the prosecution has yet to penetrate the phone to access data, and would need to retain it longer. 

Judge Barnes took the day’s arguments under advisement, and set a new hearing date for June 21. 

In other court business, Judge Barnes set a bench trial for alleged dog abuser Jay Michael Linhares for August 2.