Great Barrington — David Magadini, the itinerant inhabitant of downtown, has been placed on pre-trial probation for his two most recent trespassing violations, and, according to his appeals attorney, will “surrender” Thursday, February 5 in Southern Berkshire District Court to serve 30 days in the House of Corrections for his conviction on seven counts of trespassing last fall. (Previous local news reports that he had been convicted for the new trespassing charges were incorrect.)
Magadini, however, may not go to jail if appeals attorney Joseph Schneiderman makes a successful appeal in single justice Appeals Court in Boston today (February 4) on “meritorious legal issues, including about necessity,” in order to stay his sentence, Schneiderman said.
His larger appeal on the previous conviction is still pending, according to his trial attorney, Jedd L. Hall.
Magadini, 69, has adopted a homeless condition of living. He was convicted on September 29 for seven violations over the previous year in Great Barrington that occurred during the cold months, and for which he received a 30-day jail sentence that was set to begin on January 5.
But Schneiderman had secured a stay in the sentence until January 29, pending appeal, and then a second stay until February 5.
David Magadini at the Mason Library computer, accompanied by his bags of materials.
Since his conviction on those seven counts of trespassing, Magadini picked up two new charges, one at the Great Barrington Post Office, the other at the Day’s Inn on Main Street and Taconic Ave./St. James Place. According to the police report, Magadini said he had gone inside the Post Office to fix his gloves. In a recent interview, Magadini explained that he hadn’t been allowed in the Post Office for “non-post-office-related business” since 2013. His Post Office box expired around that time.
Last month, Magadini applied for a new box, he said, but his request was rejected for lack of proper photo identification. He tried to use a newspaper article containing his name and photo as ID, but the postmaster said that did not qualify.
The second charge was brought by the Day’s Inn, where Magadini had been previously banned. The police report said Great Barrington Police were called on November 29 when Magadini “forced his way inside the main lobby of the motel and was demanding a room.” Magadini had not been allowed there, since, according to the report, “he caused an excess of $2,000 in damages,” the last time he was rented a room. The Day’s Inn owner also owns Monument Mountain Motel, Mountain View Motel and the Comfort Inn & Suites. Magadini is prohibited from entering all of these properties.
Magadini’s pre-trial probation conditions are that he abide by no-trespass orders at the above named hotels and the properties he was convicted of entering, and that he enter the Post Office only on “official Post Office business.”
If Magadini meets these conditions for three months, the two new charges will be dismissed. If he violates them, the matter will proceed to trial.
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