NORTHAMPTON — A hearing was postponed Wednesday for 12 days to determine whether an autistic man with special needs who is accused of trying to kill his mother last fall can be released from jail.
Hampshire Superior Court Judge John S. Ferrara, with the agreement of both attorneys, continued the hearing involving 21-year-old Zachary Holmes until June 20.
Holmes’ attorney, Alfred P. Chamberland, of Easthampton, plans to argue then for his release from jail into an assisted-care residence in Amherst run by the Massachusetts Department of Developmental Services. Chamberland said he will also argue that Holmes be released without having to pay cash bail.
The case is being prosecuted by Assistant Northwestern District Attorney Jennifer Suhl.
The news of the postponement came as a disappointment to Joann Holmes — Zachary’s mother who is also a staunch advocate for his release. But, she said outside the courtroom, at least it wasn’t a “no.”
“The roller coaster is goin’ up and up,” Joann said. “It’s a step closer every time.”
Joann has repeatedly insisted she never wanted charges filed. The mother of two said she spent the day leading up to the hearing running errands to prepare for Zachary’s potential release.
Zachary has pleaded not guilty to attempted murder and armed assault charges after prosecutors said he stabbed his mother, seriously injuring her, in their Belchertown home during September.
Zachary’s family has said that he is developmentally delayed and functions at the mental capacity of a grade-schooler, rendering him confused and frightened and unaware of what is actually happening to him.
In February, Judge Mary-Lou Rup ruled that Zachary would continue to be jailed until his attorney located a Department of Developmental Services assisted-care residence that could accommodate his needs, at which point his release could again be considered.
Chamberland has also filed several other motions, including one to dismiss the charges, which are also expected to be heard June 20.
Chamberland also is expected to argue that evidence from the crime scene should be barred from the trial because it was obtained without a warrant.
Michael Majchrowicz can be reached at mmajchrowicz@gazettenet.com or 413-585-5234.