Objecting to license loss, Privitera reverses agreement in death case

On March 6, 2008, in Uncategorized, by The News Staff

By George P. HassettPriv_1

The deal was done. Frank Privitera would receive probation for his role in the death of a 22-year-old Tufts student.

However, after the prosecutor, judge and his own lawyer agreed repeatedly that Privitera would receive a sentence of pre-trial probation and lose his driver’s license for five years, the prominent Somerville attorney and landowner walked back into the courtroom and reversed the agreement.   

Privitera was in court on Tuesday, charged with misdemeanor vehicular homicide, because of a Nov. 22, 2005 traffic accident that killed Boryana Damyanova, who had come to Somerville from Bulgaria to study international relations.

Authorities said Privitera was driving west on Broadway that night when he struck Damyanova at a well-lit crosswalk, and threw her to the other side of the street where she was struck by another vehicle traveling east. Damyanova was pronounced dead an hour later at Somerville Hospital.

On Tuesday, after the agreement was reached and the judge had left the courtroom, Privitera stood, a look of dismay on his face and said, “Whoa, whoa. Loss of license? What about emergencies?” to his attorney J. Albert Johnson (whose other clients have included Captain Ernest Medina, Patty Hearst, Pam Smart, Zsa Zsa Gabor and F. Lee Bailey).

Leaving the courtroom, as his son placed his coat on his shoulders, Privitera continued to express alarm at the outcome. “What if my wife is sick?” he said to Johnson.

According to legal experts, pre-trial probation is a rare outcome in motor vehicle homicides and allows a defendant to not only avoid jail time but to also never change a plea from not guilty or admit to any facts in the case.

Privitera is well known in Somerville as an attorney and landowner. He is originally from Boston’s West End and now lives in Arlington. He owns blocks of land in the city, including 422 Mystic Ave., 59 Union Square, 88 Beacon Street and 9 Davis Square.

He was an assistant city solicitor under former Mayor Larry Bretta from 1962 to November 1966 when he took over as head of the city’s legal department for a year until Bretta left office in January 1968.

At his court appearance on Tuesday, Judge Maurice Flynn noted the lengthy packet put together by Privitera’s lawyers detailing the many charitable contributions Privitera has made over the years.

He reached a financial settlement with Damyanova’s family in a civil case stemming from the accident. A prosecutor said the family was not interested in pursuing a criminal case against Privitera and said, ‚Äúthey want the case to be over.‚Äù

And for a short time on Tuesday the case against Privitera was over. But after objecting to a loss of license in a misdemeanor vehicular homicide case, Privitera’s legal fight will continue. He is expected to appear in court later this month.

 

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