Duggan no-show at trial
Charges allege Mass. man failed to pay child support for seven years
Editor’s Note: On Aug. 8, 2018, a jury found Mark Duggan not guilty of the charges mentioned in this story.
NASHUA – Trial didn’t happen as scheduled last month for Mark Duggan, the Massachusetts man charged with violating a Nashua family court order by allegedly failing to pay child support for more than seven years.
According to court documents, Duggan, 52, failed to show up for what was to be a bench trial – meaning that a judge, not a jury, would decide his fate – on two felony counts and one misdemeanor count of non-support.
When Duggan did appear in court on Thursday for a status hearing, his surety bail was reportedly converted to high cash bail, but it wasn’t immediately known whether he was able to post the bail or was jailed as his case moves forward in Hillsborough County Superior Court South.
Judge Charles Temple, who presided over the hearing, said Duggan’s trial will now be scheduled for either August or September.
The charges allege that Duggan, whose last known address is 396 East Merrimack St. in Lowell, “knowingly failed to provide support” to his two children between Feb. 1, 2009 and Sept. 30, 2016, when the older child was between 9-16 and the younger, between 4-12, court documents state.
Although the charges state that Duggan has allegedly fallen more than $10,000 behind in his child-support payments, indications are the total amount is well in excess of $100,000.
Several years ago, Duggan settled a similar non-support case against him by agreeing to plead guilty in exchange for a suspended sentence and probation.
The charge accused him of failing to pay child support from Jan. 1, 2007 to Aug. 14, 2008, according to court documents.
Once Duggan was indicted on the new set of charges in 2016, his lawyer, Attorney Tim Goulden, filed a motion arguing that putting Duggan on trial on the new charges would amount to a case of double-jeopardy.
Goulden based his argument on the fact that the charges in both cases were identical. But Temple, the judge, denied the motion, ruling that although the new charges allege “the same type of crime” as in the previous case, the current one “is a separate case” because the alleged offenses occurred “over a whole different time frame.”
The two cases, Temple added, involve the “same type” of charges, but the two sets of charges involve “totally different evidence” and do not all stem from the same crime.
Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.