A Concord man within striking distance of graduating from drug court is back in jail after a judge ordered him detained Wednesday on a felony burglary charge and probation violations.
Mark Pasquarello, 46, is accused of breaking into a residence on Poverty Plains Road in Warner in broad daylight on April 12. Police said the homeowners watched the burglary play out live after being alerted by their Furbo Dog Camera to the crime and called 911. No one was home at the time.
When Warner and Hopkinton police responded to the call, two suspects had left the scene, likely escaping through a wooded area where footprints were found, police said. Approximately $2,500 in cash and jewelry was reported stolen.
In the days that followed, Warner police Corporal Benjamin Tokarz reviewed the surveillance video and shared a copy with local law enforcement and members of the news media in an effort to identify the burglars. He testified in court Wednesday that Warner police initially received an anonymous tip that Pasquarello was one of the suspects who appeared in the video wearing blue Adidas sneakers and a black face mask.
After learning that Pasquarello is a Concord resident, Tokarz reached out to city police and the local probation office to gather more information. Concord police Lt. Sean Ford and Probation and Parole Officer Kelly Olsen told Judge John Kissinger from the witness stand Wednesday that they watched the video and immediately identified one of the men as Pasquarello upon hearing him speak.
“I saw that and said, ‘That’s Mark,’ ” Ford said, explaining that Pasquarello has a “very distinctive” voice that is deeper in tone and carries a Massachusetts accent.
Ford and Olsen are both members of the county’s drug court team, a group that advises and works with participants during their recovery as part of the alternative sentencing program. Pasquarello was accepted into drug court roughly one year ago. During that time, he has spoken with Ford and Olsen one-on-one and appeared in Kissinger’s courtroom where participants meet weekly.
In order to help Pasquarello prepare for graduation, Ford testified that he was working with authorities in Massachusetts to try to resolve pending warrants and had talked with Pasquarello about them driving to the Bay State together as part of that process.
Now, Pasquarello, who has an extensive criminal history, is facing new charges that have derailed him what has otherwise been a violation-free and positive path toward recovery, witnesses said. He was arrested Friday in Concord in the latest case.
The other suspect has not yet been identified and the police investigation is ongoing.
During Wednesday’s bail hearing, Tokarz shared with the court a portion of the evidence authorities have gathered thus far, including the video of the burglary and items of clothing seized during a search warrant executed at Pasquarello’s apartment Friday.
The quality of the video as shown on a laptop in the courtroom presented a challenge for witnesses and attorneys as they tried to match items of clothing one suspect was wearing to the garments seized by police from Pasquarello’s closet. While the Adidas sneakers appeared “bright blue” to Tokarz at first, they picked up a different hue under the courtroom lights, prompting Tokarz to simply call them “blue.” He also said he’d previously been able to identify a skeleton-like image on the black face mask but in court could say only that there was a white marking.
Defense attorney Emma Sisti argued the case against her client has significant gaps and that prosecutors can’t prove that Pasquarello is one of the two people shown in the video.
“We believe the state has fallen far short of the clear and convincing evidence burden,” she told Kissinger.
She called Pasquarello a model drug court participant and requested his release on personal recognizance pending trial.
Conversely, Assistant County Attorney Jacki Smith argued that Pasquarello’s criminal history and the seriousness of the charged offense warrants detention.
“To walk into a residence in the middle of the day, to not know if someone is there, combined with his criminal record, does present a danger to the community,” she said.
“Any time that someone has the will to plan this with the face masks and the hoodies and the gloves indicates there is a serious criminal thinking pattern here,” she continued.
Since the drug court program’s startup, Kissinger has been the presiding judge. He said from the bench Wednesday that he has supported Pasquarello’s progress and success in drug court and wanted to give the defense an opportunity to “test the evidence” in the burglary case.
“It is clear to me from the evidence presented today that there is strong evidence that Mr. Pasquarello committed this burglary,” Kissinger said.
While the video is not of the highest quality, three people who have had regular contact with Pasquarello identified his “distinctive” voice and “strong accent,” he said.
In considering the issue of bail, Kissinger said Pasquarello’s criminal history played a significant role. He said to say that Pasquarello has “a number of theft and burglary” convictions in his past would be “an understatement” as those and other charges fill a lengthy list dating back decades.
“He is a danger,” Kissinger said.