No Plea Bargain Yet for Conner

The trial of a former Melrose YMCA employee accused of raping two girls in an after-school program is scheduled to begin Monday, June 7, after a lobby conference in Middlesex Superior Court on Wednesday, June 2 ended without any new developments.

When James Conner's case was called before the judge, Conner's attorney, Somerville-based Alan Tuttman, asked for a private sidebar. Tuttman and Assistant District Attorney Patrick Fitzgerald spoke with Justice Jane Haggerty for 15 minutes. Tuttman did most of the talking at the onset as Haggerty listened with her palms pressed together and index fingers resting on her mouth. When Fitzgerald spoke, he and Haggerty looked over paperwork together.

At one point, Haggerty turned her palms upwards and alternately raised her hands up and down in a weighing motion, and the word "balance," spoken by Haggerty, barely reached the ears of those sitting in the first row of the courtroom gallery.

After the sidebar ended, the court moved onto other matters on the docket before Conner's case was called again, resulting in another sidebar and ending, again, with no decisions or announcements.

Outside the courtroom after the session adjourned, Fitzgerald declined to comment on what was discussed, but reminded reporters that the next court date is on Monday.

"You might want to be here on that day," he said.

When approached by reporters asking questions, Tuttman turned his back and did not speak at all.

The trial was initially scheduled to begin on Monday, April 5, but rescheduled to June 7. Since then, a series of pre-trial conferences have been held.

The former site director of the Melrose YMCA's after-school program at the Beebe School for children in grades 3-6 and a YMCA youth sports coach, Conner allegedly assaulted two girls, both of whom he had coached through the YMCA, at various locations of YMCA after-school programs in Melrose and at his home in North Reading, Middlesex District Attorney Gerry Leone announced last year after Conner's second indictment and arraignment in April 2009. Conner pled not guilty at the arraignment.

Conner, a 52-year-old North Reading resident, faces charges of five counts of rape of a child by force, with those alleged rapes taking place when the victims were between the ages of 7 and 13, according to the Middlesex District Attorney's Office. Conner faces 15 additional charges including: three counts of indecent assault and battery on a child under 14; two counts of posing a child in a state of nudity; two counts of posing a child in sexual conduct; photographing or videotaping a nude person without their knowledge; interception of oral communications; and intimidation of a witness.

Since his arrest almost 16 months ago, Conner has been under house arrest and required to wear a GPS monitoring device after posting $25,000 bail. He has been allowed out of his home for work, medical and attorney appointments.