Former Hogan worker charged in death of resident released on bail
Jul. 8—DANVERS — A former direct care worker charged with killing a resident at the Hogan Regional Center in Danvers was released on bail Thursday, nearly a week after his arraignment on a manslaughter charge.
Patrick Tracey, 56, of Billerica, was indicted last month in the death of Robert Godley, 58, a man with developmental disabilities who had lived at the facility since 1999. He has pleaded not guilty.
Prosecutors say that when Godley became upset he couldn't go outside for a smoke break and hit a wall-mounted television, Tracey responded by slamming his head into a wall, breaking his neck, on the evening of Sept. 12.
Tracey then allegedly dragged Godley into a "time out" room and left him unattended. Godley was partially paralyzed when found there hours later. Godley died about a month later.
It's that quick reaction — and a history of charges of similar sudden violence — that led prosecutor Marina Moriarty to request that Tracey continue to be held without bail in the case.
But it's a request that Tracey's attorneys, Daniel Gaudet and J.W. Carney Jr., say is not permissible under the existing bail law.
Gaudet argued that because the grand jury did not specify whether the charge was voluntary or involuntary manslaughter, the court cannot consider potential danger and deny bail in the case.
At the same time, Gaudet said, Tracey would be willing to agree to pretrial conditions, including a curfew and GPS monitoring, which a judge is allowed to impose if a defendant agrees.
Moriarty cited a prior record that dates back to the 1980s — and which Tracey had sealed prior to going to work at Hogan. While some of the charges on that record had been dismissed, Moriarty said, the nature of those cases, including past assault charges, suggests that he poses a danger.
She also said Tracey betrayed his duty to protect and keep disabled residents safe.
She also suggested it's illogical to believe that while the law allowed pretrial detention without bail when Tracey was facing only assault and battery with a dangerous weapon charges, which had been filed in Salem District Court shortly after the incident, he cannot be detained on a manslaughter charge.
Judge Thomas Drechsler called the facts of the case "disturbing."
"This was a vulnerable victim, and the defendant had a duty to keep him from harm, and this person ended up dying a violent death," Drechsler said.
But he also said he was taking into account the fact that while out on bail in the original assault and battery case, before it was upgraded, Tracey followed all of a judge's orders.
Drechsler set bail at $25,000 cash, with conditions that include a curfew from 10 p.m. to 6 a.m., a GPS ankle bracelet, no work involving supervising or caretaking of others, surrendering any guns or other weapons and his passport, and staying away from Hogan Regional Center and any witnesses while the case is pending.
A number of supporters were in court Thursday for Tracey, whose bail was ready to be posted by Thursday afternoon.
Also present in court were members of Godley's family.
A status hearing is scheduled for Sept. 26.
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis
Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis
