Suspect in homophobic attack on Taunton man cleared — how the case played out in court

FALL RIVER — Nearly two years since the crime shook the community, a jury found the lead suspect in a homophobic attack against a Taunton man not guilty of all charges.

Michael Lee Cates, of 225 Grove St. in Brockton, had been charged with assault and battery with serious bodily injury, assault and battery with intent to intimidate, and a civil rights violation.

All three charges stemmed from a June 29, 2020, incident where the victim, Tom Anderson, while outside the front of his home on Danforth Street with his husband, Jacob, was violently attacked by an assailant. The police report and testimony from Tom, Jacob and a third witness who was driving by stated the assailant pulled over in a white SUV, walked onto the Andersons’ property, shouted homophobic slurs and punched Tom several times in the face. LGBTQ Pride decorations were visible on the front of the Andersons’ home at the time of the incident.

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How the case played out in court

During the course of the three-day trial at Bristol County Superior Court in Fall River the burden lay with the prosecution to prove that Cates was the perpetrator of the attack.

None of Cates’ prior criminal history was admissible in the case, according to defense attorney Brian Kelley. Cates wasn’t required to testify during the trial, choosing to let Kelley speak on his behalf.

Prosecutor Jeanne Veenstra represented the commonwealth. Other than the victim and the two other physical witnesses that day, testimony also came from a neighbor who had surveillance cameras that helped identify the assailant’s vehicle, the two lead detectives on the case, and a third detective who was already on Danforth Street for a separate investigation when he identified the white SUV.

Veenstra and these testimonies established a timeline starting from the day of the incident. As the perpetrator fled the scene, the Andersons identified his license plate and repeated it to arriving officers after the 911 call was placed on 6:37 p.m.

Testimony and photo lineups occurred for the victims and witnesses on July 1 and July 2. On the morning of July 2, Taunton police detectives Robert Kramer and Ralph Schlageter, based on the license plate number and a photo provided by the Registry of Motor Vehicles, drove to 225 Grove St. to visit the suspect, Cates. When they arrived, they saw the white Infiniti SUV in the driveway and a man coming out of the home — identified by the detectives as Cates based on the photo — walking to his car.

The officers approached Cates on the passenger side of his car as he was getting in. When asked if he was Michael Cates, the driver said his name was John, before proceeding to back the car out and leave. Both officers told the court they were certain it was Cates, and proceeded to knock on the door of the home for any other residents.

Both Kramer and Schlageter stated that later that morning Cates, alleging his neighbor told him police came to his home, called Taunton Police Department asking if they wanted to speak with him.

Schlageter called Cates back that day. An audio recording of the call was played in the courtroom.

During the call, Schlageter explained that a crime had been committed in Taunton, that Cates’ car was identified as the vehicle of the assailant, and that a perpetrator had been identified as someone similar to Cates’ physical description. He asked Cates to come in for additional questioning and to verify his identity. Cates declined to come to the police station. When Schlageter asked if he was in Taunton the night of June 29, Cates said he had no recollection. When he was asked if someone could have borrowed his car the night of June 29, Cates responded that anything was possible.

Charges were filed against Cates by Taunton police on July 23, 2020.

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Photo lineup, physical description of attacker were key to defense

The most significant piece countering the evidence, reiterated by the defense, was that neither the victim nor the witnesses could identify Cates out of a photo array or lineup.

Another factor that seemed to sway the jury was none of the physical descriptions by the witnesses included tattoos. Cates has tattoo sleeves on his left leg and arm and displayed them at one point to the jury. Kelley emphasized they would have been visible on a hot summer day.

The defense called into question the detectives’ testimonies. Kelley brought up that when the detectives approached the white SUV at Cates’ address, neither of them recollected any tattoos on the man, nor did they see bruises on the person’s hands, indicative of someone who assaulted someone with their fists.

The defense spent the majority of the closing arguments taking apart the testimonial of the third detective, Thomas Larkin, of the Taunton police. Larkin had been conducting surveillance at a home nearby on Danforth Street related to a drug operation when the incident occurred. Larkin saw the car and the assailant as he was getting back into his car, ran the license plate, and went to the scene of the crime when the 911 call was made.

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During closing arguments, Kelley questioned why this evidence from Larkin was never part of the original case, and that it took a year and a half before this was made public.

Kelley also called into question Larkin’s credibility, citing a case from 2019 where Larkin positively identified a suspect during an investigation, yet GPS records for that person’s probationary ankle monitor indicated he was not there.

The only witness the defense called was Scott Calcagmi, the account manager for the company that provides GPS ankle monitors and tracking services for all of Massachusetts’ law enforcement and correctional systems. Calcagmi verified there was never any evidence of tampering of that suspect’s ankle monitor.

It was through Calcagmi that Kelley concluded there was evidence Larkin had made false statements on that case, which called into question his involvement with other cases.

Said Kelley: “When cops testify, it’s critical they tell the truth. If there’s evidence they haven’t, it shakes our faith in the system.”

Kelley added further skepticism to the identification of the white SUV by questioning whether the license plate number came not from the victim, but rather from Larkin.

Ultimately, the defense showed enough reasonable doubt with the presented evidence to sway the jury into clearing Cates of all charges.

Reaction to the verdict

“I’m happy for my client and his family," said Kelley after the verdict. "I do feel bad for Mr. Anderson, and I hope he finds some closure.”

Understandably, Tom and Jacob Anderson were visibly distraught over the verdict, both remaining convinced Cates was the perpetrator the day of June 29, 2020.

“This doesn’t instill faith in the system,” said Tom.

Tom and Jacob Anderson stated they have since gotten surveillance cameras for the exterior of their home. “It’s annoying wanting to know who is stopping outside our home and why they’re stopping. These are things we never cared about before,” said Tom.

Tom stated he still has residual physical damage from the attack. Several of his teeth had been knocked out. He still has difficulty chewing some foods and requires thousands of dollars in dental surgery.

Both Andersons thanked those in the Taunton and regional community who showed their love and support for them during these past two years, but pointed out this verdict shows how divided the community is.

This article originally appeared on The Taunton Daily Gazette: Homophobic attack on Taunton man: Brockton's Michael Cates not guilty