Mutilation Suspect Held Under Dangerousness Statute

Suffolk County District Attorney Daniel F. Conley’s office has convinced a Superior Court judge that a man charged with mutilating his girlfriend is too dangerous to be released pending trial – even though that girlfriend now claims that she cut her own fingers off.

Suffolk Superior Court Judge Patrick Brady today sided with Suffolk prosecutors, who had moved to hold JOSE GONZALEZ (D.O.B. 12/16/78) of Somerville under the state’s so-called “dangerousness statute.” Gonzalez was indicted June 6 on charges of mayhem and assault and battery with a dangerous weapon for the attack on his 30-year-old girlfriend earlier this year.

Under Ch. 276, Sect. 58A, of the Massachusetts General Laws, a judge may hold a defendant accused of certain violent crimes without bail for up to 90 days pending trial upon “clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community.”

At a hearing yesterday, Assistant District Attorney Patrick Devlin of Conley’s Domestic Violence Unit introduced evidence and testimony showing that Gonzalez used a folding knife to cut off the victim’s left and right pinkie fingers during a fight on Washington Street in the early morning hours of April 2. The victim admitted herself to Boston Medical Center, where she screamed, “He cut my fingers off” and “Jose did it.”

The woman lost the top portion of her right pinkie and about half of her left pinkie.

That woman, however, later recanted her statements and testified yesterday as a defense witness. She testified that she was in the defendant’s car, saw a folding knife in the door’s map pocket, and was bringing it to the defendant outside the car when she tripped and fell. The woman testified that the knife closed on her hand, severing her left pinkie, and that she then cut off her right pinkie as she tried to remove the knife.

Devlin also introduced Gonzalez’ criminal record, which includes prior convictions for unlawful firearms possession and a 2000 shooting for which he served seven years in state prison.

“Domestic violence thrives on fear and shame,” Conley said. “We understand those emotions and how they can affect a victim’s choices. We’re ready to support this victim and any other who has difficulty standing up to an abuser. In the meantime, we’re moving forward in this extremely disturbing case of intimate partner violence.”

Conley urged victims of any crime, including intimate partner violence, to call 911 in an emergency. SafeLink, a statewide domestic violence hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

Nicole Crosta is the DA’s assigned victim-witness advocate. Gonzalez was represented by attorney James McCarthy. The case will return to court on July 11.