Date: Fri 07-Nov-1997

Publication: Bee

Author: ANDYG

Quick Words:

crime-Taunton-Press-poison

Full Text:

Plea Bargain In Poisoning Case Calls For Two Years In Prison

BY ANDREW GOROSKO

Under the terms of a plea-bargain agreement reached between the state and a

Waterbury man charged with the mercury poisoning of his boss at The Taunton

Press in 1995, the man will receive a five-year prison sentence to be

suspended after two years, plus five years of probation after his time is

served.

In the plea bargain, Robert Marsala, 42, a former Taunton Press employee,

pleads no contest to one count of second-degree attempted assault against

Edward Starbird, who was Marsala's supervisor at the publishing house. After

the no-contest plea was made, the court entered a finding of guilty against Mr

Marsala.

In September, when the case was being readied for a jury trial, the state was

preparing to try Marsala on a charge of attempted murder. Assistant State's

Attorney Devin T. Stillson prepared the attempted murder charge against Mr

Marsala.

Mr Marsala is scheduled to appear in Danbury Superior Court November 12 before

Judge Howard J. Moraghan to have the sentence stemming from the plea bargain

put in force.

On October 29, Judge Moraghan stayed the sentencing until November 12 in light

of medical issues affecting Mr Marsala.

At the November 12 session, the results of a pre-sentence investigation will

be presented to the court. Mr Marsala's attorney has reserved the right to

argue for leniency before the sentence is pronounced. The pre-sentence

investigation includes an assessment of whether the defendant is a suitable

candidate for the state's alternative incarceration program.

Newtown police charged Mr Marsala on a warrant in the spring of 1995 listing

one count of second-degree attempted assault, following a complaint against

him from The Taunton Press.

Mr Marsala was charged with poisoning Mr Starbird with a toxic mercury

compound at work.

Across a period of months, Mr Marsala repeatedly added mercuric chloride to

coffee and soda of the middle-aged Mr Starbird when they were left unattended.

Mr Starbird noted foul flavors when he resumed drinking the beverages,

prompting chemical analyses to be made and videotaped surveillance of Mr

Marsala to be performed.

Mr Starbird reportedly has spent much time since the poisoning incidents

seeking medical help to counteract the effects of ingesting the mercury

compound.

Following a May 1995 search at Marsala's home, police found an amount of

mercuric chloride. The chemical is used in black-and-white photography.

In October 1996, Mr Marsala sought but did not receive a special form of

probation from the court.

Mr Marsala did not deserve a chance at accelerated rehabilitation, Superior

Court Judge Jack L. Grogins then ruled.

Judge Grogins said then that Marsala did not appear to be a good candidate for

the program, which can be granted to first-time offenders when a judge

believes the defendant is not likely to offend again. Judge Grogins said he

could not be sure Marsala would fit into that category.

"It was done over a period of time," Grogins said of the poisoning. "It was a

serious crime."

Mr Marsala allegedly poisoned Mr Starbird from January 1995 through April

1995.

Granting accelerated rehabilitation would have allowed criminal charges to be

erased from Mr Marsala's record after he served a period of probation.

When the accelerated rehabilitation was being sought, Mr Marsala's former

defense lawyer had attempted to show that the evidence against his client was

not strong enough to prove he actually committed the crime.