LYNN — District Court Judge Jean Curran on Thursday denied the motion to dismiss the case against Lane Forman, the man charged with breaking into Gov. Charlie Baker’s Swampscott home this past fall.
“Motions to dismiss are difficult, and some judges just never grant them no matter what,” said Forman’s lawyer, Stephen Reardon, about the hearing at Lynn District Court. “A lot of times you just gotta have a trial and hear the facts of the case, and that’s what’s happening here.”
The case now appears to be heading to a jury trial, where Forman will be tried for breaking and entering with the intent to commit a misdemeanor, trespassing.
“It doesn’t seem to me that he intended to commit a trespass,” said Reardon. “I’m not done trying to convince someone of that.”
Curran, according to Reardon, believed that a fact finder could view Forman’s actions as a trespass, and this led to her decision to deny the motion to dismiss.
According to the police report, Forman allegedly pulled into the driveway of Baker’s residence on Wednesday, Oct. 7 shortly after 2:30 p.m. He then proceeded to exit his vehicle, walk up the side walkway to the side door of the house, and open the unlocked exterior door, an interior entryway leading to the kitchen.
Once inside, police said Forman, who has a spinal cord injury and uses a rollator to walk, left a yellow manila envelope on the interior floor of the home, addressed to Baker, which contained a letter and several other documents and photos.
According to Reardon, Forman reported that these documents were related to what he believed to be the mistreatment of his late mother at a nursing home.
Forman claimed at his October arraignment that he had a past connection with the governor and that Baker had once told him during a fireworks display in Swampscott that “if you have anything you need, come by my house and ask me anything.”
Reardon is optimistic about his client’s chances at trial.
“I would like to think that if they hear his side of the story, and they hear that Governor Baker was familiar with him, then there may be a favorable outcome for him,” said Reardon. “If a trial is what they want, I’m certainly willing to call in the necessary witnesses. State police and members of the Baker family will certainly be called to testify.”
Forman is currently living in his Danvers apartment, and he has been forbidden from approaching the governor’s house.
Forman, a former Marblehead resident, reportedly has a long criminal record.
Police said at Forman’s October arraignment that his record includes a “lengthy violent criminal history,” which consists of approximately 14 entries for violent offenses and that he has a criminal history of threatening, stalking and harassing behavior that includes approximately five similar offenses.
Prosecutors said during the arraignment that Forman was already on probation for criminal harassment and annoying phone calls.
The next step in the case will be a Feb. 18 compliance and election hearing, at which both the prosecution and defense must provide all the information that they intend to use at trial to the opposing side.
At the hearing, Reardon intends to submit a request to remove Forman’s ankle bracelet, which he claimed interferes with his medical treatment, which includes aquatic therapy. He submitted a request to this end, but it was temporarily denied due to insufficient evidence.
Reardon expects that trial will occur in July or August, though it is difficult to predict because of complications related to the COVID-19 pandemic.
Guthrie Scrimgeour can be reached at [email protected].