The attorney for former Oak Bluffs building inspector Raphael Magri wants to block evidence that led to his client being charged with illegal possession of high-capacity gun magazines.
Magri, who is also an Edgartown fire lieutenant on leave pending the outcome of his charges, came before Edgartown District Court Judge Benjamin Barnes Tuesday for a hearing on a motion to suppress a statement, a search of a car, and a search of a safe. Edgartown Police previously charged Magri with two counts of possession of high-capacity magazines following a search of a biometric safe taken from his home. Magri pleaded not guilty to the charges at his arraignment in November 2019.
Magri’s attorney, Timothy Moriarty, traded arguments with Cape and Islands District Attorney’s Office Assistant District Attorney Matthew Palozzolo on the lawfulness of actions that resulted in the discovery of contraband in Magri’s safe. Oak Bluffs Police Chief Erik Blake, Edgartown Police Sgt. Joel DeRoche, Oak Bluffs Police Det. Jeffrey LaBell, Island Counseling Center program director Jennifer Vogel, and Magri’s spouse, Brumelha Magri, testified at the hearing. Brumelha and Raphael are in the process of divorce.
According to police reports and court testimony, Magri’s charges stemmed from a Section 12 authorization initiated by Brumelha Magri, who feared he might be a danger to himself or others and sought a mandatory evaluation of him under Massachusetts law. Section 12 grants “emergency restraint and hospitalization of persons posing risk of serious harm by reason of mental illness,” according to state law. Once the authorization was given, Oak Bluffs Police peacefully disarmed Magri in Oak Bluffs Town Hall, and he went voluntarily with them to the hospital. Edgartown Police suspended Magri’s license to carry (LTC) and firearms identification (FID) card following the Section 12 authorization. At a Sept. 27 firearms suitability hearing, Judge Edward Lynch upheld those suspensions.
Edgartown Police went to Magri’s home to seize his firearms, and encountered a safe they couldn’t open; allegedly his wife couldn’t open it either. The safe required either a particular fingerprint or a special override key to open. The safe was removed from Magri’s home and taken to the Edgartown Police Department. Magri allegedly told police at the hospital that he would return home and open the safe for them, but that appeared a nonstarter, as police wanted to open it themselves and Magri wasn’t allowed to leave the hospital at the time. Magri allegedly told them an override key to open the safe could be found in his car. Edgartown Police accessed the car, got the key, opened the safe, and in addition to finding lawful guns and ammunition, allegedly found two magazines that are illegal in Massachusetts, according to testimony. The discovery brought felony charges. Brumelha Magri and DeRoche’s testimony conflicted on events that preceded Magri’s car being driven to Edgartown. Brumelha Magri testified that DeRoche provided her a key so she could enter the car and drive it to Edgartown. DeRoche testified that he didn’t provide her with a key, and didn’t have access to one.
Moriarty said that Magri wasn’t in the proper state of mind to be questioned by police at the hospital, and doing so violated Edgartown Police Department policies and procedures. Magri wasn’t afforded his Miranda rights, and a search warrant wasn’t obtained for either his car or his safe, Moriarty said.
Palazzolo said that Miranda rights were moot because police had no reason to suspect Magri of a crime until they happened upon the magazines in the safe. He said Brumelha Magri gave police permission to enter the car, the house, and the closet where the safe was located. He argued even though the safe itself was safely placed out of Magri’s reach while at the Edgartown Police Department, it had to be opened to return anything not firearms-related to the Magris, as such items were beyond the scope of the department’s mandate.
Judge Barnes posed several questions to both attorneys at the end of the hearing, and said he would take the motion under advisement. He said he expected written arguments and findings of fact from both attorneys, and set Magri’s next court date for Sept. 10.