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Paraplegic faces jail in violent citizen’s arrest

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Mon, 18 Jul 2011|

A paraplegic from Massachusetts may be facing 10 years in prison for hitting a man with a bat after the man laughingly admitted molesting his 3-year-old granddaughter, according to a police report. Francis Hebert, 57, of Martha's Vineyard was charged with a felony assault charge by Cape and Islands District Attorney Michael O'Keefe for the incident that happened Feb. 22. The accused molester was also charged by police for allegedly molesting two young Massachusetts girls. Mr. Hebert joins Michele to give his side of the story and what happened on the day of the attack. Should this man be put in jail?

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Tags:

  1. Martha's Vineyard0:57
  2. Plymouth County7:17
  3. Vineyard Haven1:47
  4. separate incidents11:28
  5. police arrest13:29
  6. school's board11:43

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Automatically Generated Transcript (may not be 100% accurate)

absolutely positively stunned. At how -- coddle the -- Now spending an appropriate word I'm not surprised because I have covered crime in the city long enough to know. That the perpetrators. Is oftentimes treated much better. Then the victim. It happens all the time but story I think staggered so many of us in and my good friend laurel.

In April. She was talking about a paraplegic. Who could face ten years in prison for any ready for this he took one of those small acts. Like one of those souvenir bats. And eat. -- man and cool laughingly. Laughingly admitted to molesting his three year old granddaughter. You can not make this up. Frank keeper he's from Martha's Vineyard and he is now charged with a felony assault. Now I called the keeping I was district attorney Michael -- today. To see if he wouldn't comment on why this was happening why do we consent continuing to pursue. Charges against frank -- Demand is in no -- out -- Then man is making it a citizen's arrest. And we are gonna hear from frank Hebert. Who learned about this abuse from the at three year old granddaughter. Who said her step father Joshua a party had abused her and had taken naked photos of her she's three. With his cell phone camera. Well he called the police. To tell them about the allegations to tell them that they would find Joshua hardy. At Hebert to Vineyard Haven Massachusetts computer store that afternoon. So hardy was both come by and pick up the granddaughter. But when he came to pick her up. -- He her it was waiting he brought a baseball about whether now -- never demanded in a wheelchair. So -- confronted him about the girls accusation. In hardy actually didn't need to -- It is not a surprise. Because that had to file or accused had a file excuse me that alleged Metafile. Is also charged with a sexual assault on another child. -- right now because I am so surprised that this case has not only.

Continued. This battery pursue its thing to prosecutors back -- attorney Tim Cruz county. Because there's some sort. Conflict there some neighbor we agree it could -- as I am absolutely Stein. That they continue to be a criminal prosecute. Prosecutions against you. And yeah grand daughter's attacker remains in jail cells that bit about what happened -- Ebert and they keep that. Veto.

I just. When he came in -- a political in the kitchen because of the wolf thank you -- And I alone what was happening. I mean the guy weighs 238.

And you are in a wheelchair amnesty Ebert is that correct.

I'm I'm a paraplegic. -- my right shoulder were okay. And my left arm the rogue traders fallen from end to end. And it's never been known to be fixed because they -- effect that a lot have to be cleared up first such along period of time although boot surgery.

So your granddaughter tell you about this terrible abuse which shouldn't come as a surprise to anyone because you are this suspect in question. Joshua hardy has been charged in fact with two. Sexual abuse cases involving children is that correct mr. Hebert.

It's at least two now.

Still while this is beautiful so it's not the serial pattern file in a paraplegic folks in misty fever is livid at any of us would be. Yet three year old granddaughter -- and sir I hate to bring up bad it's such a terrible memory -- I mean how does your granddaughter even communicate something like that to UN to your wife.

It took her. Nine month. Figure out how to sell memory. What was that that she kept asking -- if we would protector. But she couldn't tell us from war. She didn't understand how to articulate it. So. She just kept trying and trying so finally. She just started flirting everything else. And he was taken it was the state police. We took him into custody here. And at that time. Is very wanted to arrest me because I hit a I hit him because these decidedly. When he stood up like old. It.

Now the please report mr. Hebert says that he laughingly. Admitted to this oh yeah. So are you said and hey it even touching my granddaughter and he said why mister --

He at first see that first he denied it. We have actually. He just after a couple of minutes he just said. Okay it is the -- gonna do about it nobody cares. And it just started -- And I let that go I mean I was livid but that was not there could still. It was only when he decided he'd leave. That I took the bat out to start -- because there's even -- aware of that at all like to stop.

Talk about our regulations. You go -- slugger are we not well yet or are about. I thought it was a small souvenir back.

Now. It's Louisville slugger and and it the funny part is. I tried this way yet but it really good and -- on the table somebody that we have put it back in in my chair.

And -- so it didn't care.

It it just. -- was that the whole singled just woke. And when he did get to middle world police where it was voted to go because that's where the incident that flight. 2 o'clock in the morning. He confessed everything all the way back to age eleven.

Wow so this man that we in question Joshua party is it -- accused serial had a file. He he is now has been arrested and charged with abusing -- three year old granddaughter. But what is so stunning and this is where amassed children. Massachusetts protect children organization came together and started to. Raise some money via legal defense -- and I frankly mr. -- had I didn't think that you're gonna need. The money for legal defense but now it appears that prosecutors can. Plan to continue this assault battery case against you. Our. Last meeting you had with prosecutors because my understanding is the case has been moved to Plymouth County now.

I don't know that that has to happen.

I -- Friday last Friday it was in court. And I mean it. I've never seen anything like. My lawyer. And the BA that's normally hear the assistant the day Laura -- Because my lawyer attorneys once represented her boss. Key cannot be part of this case.

So inadequate so that would explain -- the case was referred to Plymouth --

Right but he came here. But she's in the courtroom Friday running.

Yes so is so serve very -- you are charged with assault and battery with a deadly weapon -- AB DW. -- That carries this prison sentence of ten years. So the idea that this man is accused of not only abusing your granddaughter in the poor little thing has been abused how long did you when you -- believe.

It was although the year. He or she could explain what was happening.

And have any photographs. Forgive me for being crass -- of any photographs and recovered is there evidence hard evidence. That would be. Instantly.

The police say they have everything they need. They won't tell us why. The middle well police just said don't worry about it because by the time they finished the rest that the investigation. Because I understand that more than two children. That it'll be almost a year where it goes to trial.

In the heat remains in jail cell and in Europe for -- you're gonna end up right. Alongside him.

Yes but I won't last very -- I mean. Like here -- addressed myself I mean.

I take like eighty sold to date -- And I mean there's not there's no way out of -- in --

My other question in and his -- I think there are going to be a lot of people listening to this right now who are going to argue shouldn't have to go to jail for simply. I mean I in the heat of the moment protecting a three year old granddaughter from somebody who is now stands accused of being a serial -- a file. And the idea that you know you barely have the strength to. You know -- this back into the 240 pound Joshua party. Who now president and I mean this whole thing seems so outlandish how much says this caution you in time and lawyers' fees already. There aren't -- and sleepless nights which you know it should be part of the tally.

Yeah it's. On the month. I think the hardest part was on Friday. When is very police just or last in violent you know. It was just. We just sat there and utter amazement. And Laura Marcia was not supposed to be having anything to do that and my attorney complained that the judge. And the judge just let it go. It doesn't. What does matter. I'm the one that by the end of it yeah.

And and I think that that is what people are gonna find so outrageous. Receiver Herman says it costs to financially because I know that there's an organization run by Joseph the future of that started -- find.

you get it's I -- as well. -- dollars.

Somebody get the straits of it let's -- the -- up folks. We're talking to frank -- he's a paraplegic he's the man can not dress himself he takes eat till the day. His three you'll granddaughter. Was abused sexually abuse allegedly at the hands of her stepfather guy named Joshua hardy who then confessed. Allegedly to these attacks.

You can set the but you may answer as they wouldn't.

So now you can test their other victims that have come quality I know for a fact he's charged with two separate incidents of abuse against children and you simply tried to keep this guy. In your shop so the state police gonna arrive in ar rest him. And now you are charged assault battery with a dangerous weapon and there's an option if this case school's board and you are convicted and sentenced to. The obligatory ten years in prison. There is a chance you do -- time in the abuse here.

pretty much. I mean it would match I would last month. Physically my body wouldn't take it.

The fact that this has cost you one night at sleeplessness. Wine and dine on your own personal money. Are any sort of party whatsoever when what you did what any father or grandfather should do and that is protect a three year old granddaughter. It's truly astonishing.

I mean it was heroic -- the end. My -- have been married less than a year. You know. I never expected this. And we spoke sit in amazement that we couldn't see it. Is a professional what what he does. And it's just I mean it's awful. So they actually rested him that they're out there as it was 2:30 in the morning when he actually. Decided it wouldn't matter it just all the maverick -- but he was arrested on the -- he -- February. He's still in jail. And now they wanna bring them to court the next. I'm we have court which is a member of -- So he can stay. What I did.

Now. Misty Ebert give me -- three with a bat and he still runs out of the shot so how how did you now. It and get out so why didn't make an entire day for the state police arrest and then.

None of this state police arrested him here. That can of them all because he and other middle. And middle world took over.

Also they did arrest a mega shopping how how serious words injuries.

He had a little I'd like. It's like a two goal getting got a little four on.

Analysts and I assume the state police didn't arrest you at the -- term for the assault is that my understanding is it is very pleased in the next day and --

Now now is very only game with them. As a courtesy. The state police refused elect is very arrests. And -- made a phone call it -- move was to Austin. And that that will not believe we have right here. And always that was all the -- and now when you walk out. So this is very least left the state police the possession of.

This 240 pound pet at a small bruises on its key --

And made that into the boat where he was ordered on the other side the -- though these are.

And was so when did you are resting place.

I was never actually lasted like at a -- in the mail. -- And everybody said you know like the -- is gonna flop. The first time I went to or Laura -- our tests for five years. And that is being -- bought up that the ten.

Now we're talking about Michael -- in this case is on the verge of an indictment himself I believe that some sort of murmuring about that. Frankie very that we are glad you could update us on this case mr. Hebert who has a paraplegic. Was in court on Friday this man cannot dress himself -- eighty pills a day it was protecting his three year old granddaughter. Who had been. From a ties at the hands -- stepfather who has now allegedly confessed to abusing that little girl and others. He remains in jail cell and prosecutors continue to press bullet on this assault battery case against mr. Hebert. That is why it is an organization called Massachusetts protect children. That has started a defense fund mr. Hebert meant that you can update us on this case I truly believe that this would be I'll be oval at right now.

I thought it would last. This state police said don't worry about it at the formality. And then at all when. Turned and of this and I mean it's terrible. --

Totally -- now after Friday's session. Because. It is everything that we're not supposed to be going on court one. No one had to say. I was shocked by the whole thing.

Honesty ever I hope that you continue to fight back against these charges and I know that there are a lot of people out there who sympathize with you and support you and we do appreciate you coming on the summit -- show.

Well thank you very much in 00 in the mass effect children. They've been great. They're just so wonderful is he can't believe they're doing.

I don't think anybody will be able to believe that doing that mr. Ebert thank you so much for the call. I am Michelle McPhee we are AM 680 WRKO. As they want is about their second successfully argued to me. That we should be prosecuting a paraplegic. Cool. What what little strength he had lacked and accused at a file who'll. Abused his daughter his granddaughter excuse me. He did wanna argue that that -- belongs in jail and I'd love to hear arguments 6172666868. That's 6172666868. F that's story isn't an uptick in Q. That we up coddling criminals. And criminals. In kicking victims in the -- I don't know lot well I am a show comic fees 6172666868.