Ok, I’ll admit it. I totally screwed the pooch in my last entry about the trial of Tobin Kerns. I was under the assumption that Daniel Farley and Joseph Sullivan were given immunity in both the trials of Tobin Kerns and Joe Nee. That is not the case. An astute commenter pointed me in the direction of this article which states the following…
Juvenile Judge Says ‘No’ to Immunity
They’ve been granted immunity in one trial, but a juvenile court judge did not grant Joseph Sullivan and Daniel Farley immunity in the trial of Toby Kerns of Marshfield. Plymouth County District Attorney Tim Cruz says his office will appeal that decision to the Supreme Judicial Court. Kerns is one of two facing separate trials for allegedly planning to attack Marshfield High School. Kerns is being tried in juvenile court. Sullivan and Farley have been granted immunity in Joseph Nee’s trial, the alleged co-conspirator in the Columbine style plot, Nee is being tried in Superior Court.
So Farley and Sullivan were granted immunity in the trial of Joe Nee but not the trial Of Tobin Kerns because immunity can’t be given in a juvenile court. The DA is appealing that which is causing the trial of Tobin Kerns to be delayed once again.
In my opinion, this is a desperation act on the part of the DA because his case is falling apart before his eyes.