Case Against Salem MA Man Facing Child Assault Counts Delayed Again
CONCORD, NH — A former EMT and former resident of Concord, facing 18 counts of child assault, endangerment, and evidence charges from an incident more than three years ago, is expected to face a jury in October.David Trainor, 35, with a last known address of Salem Street in Salem, Massachusetts, was initially arrested on June 1, 2022, on first- and second-degree assault charges, both felonies, as well as a single misdemeanor count of endangering the welfare of a child, accused of assaulting his 1-year-old daughter in February 2022. Trainor was also charged with obstructing government administration on Feb. 23, 2022, accused of attempting to reenter a Pinewood Trail home after police applied for a search warrant of the home. More charges were added later to his case — a total of 18 counts: one endangering the welfare of a child count, one felony witness tampering charge, six felony counts of first-degree assault-domestic violence, four felony counts of second-degree assault-extreme indifference, and six felony counts of second-degree assault-bodily injury-under 13, with investigators accusing him of assaulting the girl on Feb. 14 and Feb. 21, 2022.Also ReadSalem MA Man Accused Of ‘Severely’ Assaulting Concord GirlTrainor was indicted on more than a dozen of the charges in September 2022. Editor's note: This post was derived from information obtained during a Merrimack County Superior Court hearing as well as Concord police documents and does not indicate a conviction. This link explains the removal request process for New Hampshire Patch police reports.Since that time, the case has dragged on for years with motions to continue, dispositional conferences, and other hearings scheduled from the end of 2022 and throughout 2023. A final pretrial hearing was scheduled for January 2024 but canceled. Jury selection and trial dates for February, September, and October 2024 were also canceled. Motion hearings and objections were filed in between. Bail hearings were also held. At one point, Trainor’s ex-wife — the couple divorced in June 2024, filed a motion to intervene due to him being accused of accessing $100,000 cash bail to stay out of jail from the couple’s joint savings account without telling her. The account initially had $187,000 in it. According to the filing and the divorce agreement, Trainor is required to pay back $75,000 of the $100,000 in installments or, “upon the conclusion of this matter.” The paperwork was filed with the court to ensure she got the money back. The divorce paperwork listed $68,000 in unpaid medical bills for the children. Another jury trial was booked for early March, but that was canceled after a status conference was booked due to newly discovered evidence by the Merrimack County Attorney’s Office concerning medical evidence involving the child. On Jan. 24, during a bail hearing, the prosecution told the defense the girl “may have permanent brain damage,” and they were in the process of obtaining related records. All involved were discussing by email how to get the information to the defense to ensure they could speak to the medical personnel involved in the discovery, a court report stated.On Tuesday, Charles Keefe of Wilson, Bush, & Keefe of Nashua, for the defense, as well as James Bradley Bolton and Shaylen Elizabeth Roberts from the county attorney’s office, appeared in court to explain what was going on to Judge John Kissinger Jr.Keefe said he was still waiting for some medical records from the prosecution and now, with the new evidence, would need time before releasing his witnesses. Bolton said the evidence was coming from Boston Children’s Hospital, and he expected it to be given to the prosecution so they could be given to the defense “pretty quickly.” A neurologist was involved in the latest examinations, he said. Bolton said it was “highly likely” the prosecution would also call another expert witness to address the permanent brain damage discovery. After discussing exactly how long it would take to get information to the defense, Kissinger said he needed “further clarification” of an exact time. Keefe suggested 30 days and another 45 days to question the prosecution’s new expert. Bolton, however, said he did not understand why he had to announce his expert before the defense since the continuance was about new information that did not “radically change the defense.” Kissinger countered that if new information was presented, the defense should know what it was.“I told him there was new information coming,” Bolton said. “It was a snafu … the charge is still there; the information is there is more evidence to support that charge.”Kissinger said if there were more medical records, they could not be presented on the eve of the trial. The state needed to provide it to the defense and he would hold the prosecution to that timeline if it can be done in 30 days.“But,” Kissinger said, “I’m going to hold the state to that. I don’t want to have a situation where we wind up blocking off a significant period of time for this trial and then move it again.”Bolton said 30 days would be fine and Keefe said he would need an additional 60 days. Kissinger also stated he knew all the attorneys and did not believe they were purposefully delaying the process. After working through the attorneys’ schedules, Kissinger set a date of Oct. 21 to start the trial.Heidi Gaudreau, the victim’s grandmother, said the family was holding up other than the stress brought on by the case “dragging on.” She said they were frustrated with the bail process and the lack of victim’s rights and Trainor should be “behind bars, awaiting trial.” Gaudreau also said both bail reform and victim’s rights were problems the state needed to address. “Grace is going to be dealing with what was done to her the rest of her life,” she said. “And, you know, it’s going to be a very long road, but hopefully, this section of the road, getting justice, will be over soon.”However, the kids were “doing great,” were “amazing,” and she was “blessed to be their grandmother,” she said.Do you have a news tip? Please email it to [email protected]. View videos on Tony Schinella's YouTube.com channel or Rumble.com channel. Follow the NH politics Twitter account @NHPatchPolitics for all our campaign coverage.The article Case Against Salem MA Man Facing Child Assault Counts Delayed Again appeared first on Concord, NH Patch.
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