BENNINGTON — A routine weight of evidence hearing Friday afternoon for a defendant in a case of sexual assault during a massage at a historic Manchester resort blew up when the judge in the case did not admit several interviews with victims and a witness as evidence.
Magdy Mohamed, 55, of Southington, Conn., is charged with one count of sexual assault with no consent for allegedly assaulting a female victim who was a guest at the hotel in the fall of 2023. The victim, a resident of Weston, Conn., was receiving a massage while on a weekend getaway with her boyfriend during October’s leaf-peeping season in Southern Vermont. Mohamed allegedly sexually assaulted the victim in a private spa room during an hour-long massage.
The weight of evidence hearing, usually a routine finding of facts to enable the judge to set bail and conditions for a defendant in a criminal case, took a sideways turn when defense attorney Anthony Falcone objected to the admission of the recordings due to the fact that Manchester Detective Abigail Hepburn failed to swear the victims in during their interviews, and that the recordings were not authenticated.
Falcone asked Judge Kerry McDonald-Cady not to admit the recordings flat-out on that basis. However, the judge, after listening to the recordings, did admit the interview with the actual victim in the charged offense, but only on the basis that it is used as a way for the court to judge bail considerations and not as evidence of a possible crime.
“These statements are not considered sworn statements to the court,” Judge McDonald-Cady said. “At this point, the court could not consider the weight of evidence is great.”
All of the other interview recordings were not admitted as they contained mostly hearsay and not direct knowledge of any crimes committed by Mohamed in this particular case.
A piece of evidence that was admitted by the judge was a prior felony conviction from February 2020 in Connecticut for a similar type of offense. Mohamed was still on parole in Connecticut when he was employed at the Equinox Resort and Spa as a masseur in October where the charged offense occurred.
According to filed paperwork in the Connecticut case, Mohamed was convicted in 2020 in Connecticut of sexually assaulting a 71-year-old female victim while he was a home health aide. In the course of caring for her ailing husband, the victim requested Mohamed make the husband’s bed. When the victim sat on the bed after helping Mohamed with the sheets because her back hurt, Mohamed allegedly told her he was a massage therapist and began rubbing her shoulders. Soon after Mohamed sexually assaulted the victim as her ailing husband slept in an adjoining room.
According to a Manchester Police Department affidavit in the current case, the victim, a resident of Weston, Conn., was receiving a massage while on a weekend getaway with her boyfriend during October’s leaf-peeping season in Southern Vermont. At the historic Manchester Center resort on Main Street, Mohamed allegedly sexually assaulted her in a private spa room.
According to the victim’s statement, Mohamed, “a very large man,” began to touch her inappropriately. When she confronted the masseur about his behavior, he did not say anything but continued his actions. The victim reported that she felt as if “I couldn’t move” during the assault.
After the massage, the victim told police that “there were a few other females who had also had a massage from the same masseuse who felt that he also touched them inappropriately.” Police did not release the identity of any other possible victims.
The victim also told police that she spoke with two female employees at the hotel who confirmed that they were aware of the incidents and would follow up internally. The affidavit confirms that a manager at the spa “terminated” Mohamed two days later. The affidavit also confirmed that there had been six other complaints against Mohamed from both employees and guests that the resort management was aware of.
The Equinox Resort and Spa stated to police that Mohamed was hired on Oct. 3, 2023, and that he passed background and licensing checks before starting as a massage therapist. Mohamed began massaging clients on Oct. 6. The first complaint from a guest came 10 days later. Two others were filed with the hotel five days after the first complaint. According to the affidavit, the hotel blocked additional training for Mohamed. Other complaints came in soon after. Mohamed was terminated on Oct. 23.
Police arrested Mohamed after their investigation on Jan. 9 after he arrived at the Manchester Police Station to turn himself in. He is facing a possible maximum sentence of life imprisonment if found guilty of the sexual assault. It is unclear whether there could be additional charges pending against Mohamed from other victims.
The hearing ended with a decision that the weight of evidence was “not great.” Judge McDonald-Cady allowed Mohamed’s son to testify on behalf of his father in the prolonged hearing due to ongoing interpreter issues. The son was asked whether he would be able to be responsible for reporting his father if he failed to adhere to any court orders of curfew or other conditions, to which he replied, “yes.”
The judge, after telling the court that the weight of evidence was “not great,” then listened as prosecutor Andrew Bevacqua asked that Mohamed, given that the weight of evidence was not great, be given a cash bail of $100,000, surrender his Egyptian passport, and that a 24-hour curfew be imposed due to the risk to the community.
Falcone then asked the judge to release Mohamed on an unsecured appearance bond due to the weight of evidence finding, and that he would be willing to be given a curfew. He also stated that Mohamed would voluntarily surrender his massage license.
“It is unlikely that there is any danger to the community,” Falcone said. “It is extremely unlikely he will be in that kind of situation due to the fact that he will not be legally able to do so anymore.”
Judge McDonald-Cady continued the hold without bail due, she said, to the perceived safety of the community and the risk of flight, as Mohamed is a resident of Connecticut and an Egyptian citizen. She announced that she will make a written decision by this coming Monday, even though it is a holiday.
As of press time there are no further hearings set on the official court schedule. Mohamed is currently being held at the Marble Valley Regional Correctional Facility in Rutland as he awaits the judge's decision.
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Magdy Mohamed, 55, of Southington, Conn., is charged with one count of sexual assault with no consent for allegedly assaulting a female victim who was a guest at the hotel in the fall of 2023. The victim, a resident of Weston, Conn., was receiving a massage while on a weekend getaway with her boyfriend during October’s leaf-peeping season in Southern Vermont. Mohamed allegedly sexually assaulted the victim in a private spa room during an hour-long massage.
The weight of evidence hearing, usually a routine finding of facts to enable the judge to set bail and conditions for a defendant in a criminal case, took a sideways turn when defense attorney Anthony Falcone objected to the admission of the recordings due to the fact that Manchester Detective Abigail Hepburn failed to swear the victims in during their interviews, and that the recordings were not authenticated.
Falcone asked Judge Kerry McDonald-Cady not to admit the recordings flat-out on that basis. However, the judge, after listening to the recordings, did admit the interview with the actual victim in the charged offense, but only on the basis that it is used as a way for the court to judge bail considerations and not as evidence of a possible crime.
“These statements are not considered sworn statements to the court,” Judge McDonald-Cady said. “At this point, the court could not consider the weight of evidence is great.”
All of the other interview recordings were not admitted as they contained mostly hearsay and not direct knowledge of any crimes committed by Mohamed in this particular case.
A piece of evidence that was admitted by the judge was a prior felony conviction from February 2020 in Connecticut for a similar type of offense. Mohamed was still on parole in Connecticut when he was employed at the Equinox Resort and Spa as a masseur in October where the charged offense occurred.
According to filed paperwork in the Connecticut case, Mohamed was convicted in 2020 in Connecticut of sexually assaulting a 71-year-old female victim while he was a home health aide. In the course of caring for her ailing husband, the victim requested Mohamed make the husband’s bed. When the victim sat on the bed after helping Mohamed with the sheets because her back hurt, Mohamed allegedly told her he was a massage therapist and began rubbing her shoulders. Soon after Mohamed sexually assaulted the victim as her ailing husband slept in an adjoining room.
According to a Manchester Police Department affidavit in the current case, the victim, a resident of Weston, Conn., was receiving a massage while on a weekend getaway with her boyfriend during October’s leaf-peeping season in Southern Vermont. At the historic Manchester Center resort on Main Street, Mohamed allegedly sexually assaulted her in a private spa room.
According to the victim’s statement, Mohamed, “a very large man,” began to touch her inappropriately. When she confronted the masseur about his behavior, he did not say anything but continued his actions. The victim reported that she felt as if “I couldn’t move” during the assault.
After the massage, the victim told police that “there were a few other females who had also had a massage from the same masseuse who felt that he also touched them inappropriately.” Police did not release the identity of any other possible victims.
The victim also told police that she spoke with two female employees at the hotel who confirmed that they were aware of the incidents and would follow up internally. The affidavit confirms that a manager at the spa “terminated” Mohamed two days later. The affidavit also confirmed that there had been six other complaints against Mohamed from both employees and guests that the resort management was aware of.
The Equinox Resort and Spa stated to police that Mohamed was hired on Oct. 3, 2023, and that he passed background and licensing checks before starting as a massage therapist. Mohamed began massaging clients on Oct. 6. The first complaint from a guest came 10 days later. Two others were filed with the hotel five days after the first complaint. According to the affidavit, the hotel blocked additional training for Mohamed. Other complaints came in soon after. Mohamed was terminated on Oct. 23.
Police arrested Mohamed after their investigation on Jan. 9 after he arrived at the Manchester Police Station to turn himself in. He is facing a possible maximum sentence of life imprisonment if found guilty of the sexual assault. It is unclear whether there could be additional charges pending against Mohamed from other victims.
The hearing ended with a decision that the weight of evidence was “not great.” Judge McDonald-Cady allowed Mohamed’s son to testify on behalf of his father in the prolonged hearing due to ongoing interpreter issues. The son was asked whether he would be able to be responsible for reporting his father if he failed to adhere to any court orders of curfew or other conditions, to which he replied, “yes.”
The judge, after telling the court that the weight of evidence was “not great,” then listened as prosecutor Andrew Bevacqua asked that Mohamed, given that the weight of evidence was not great, be given a cash bail of $100,000, surrender his Egyptian passport, and that a 24-hour curfew be imposed due to the risk to the community.
Falcone then asked the judge to release Mohamed on an unsecured appearance bond due to the weight of evidence finding, and that he would be willing to be given a curfew. He also stated that Mohamed would voluntarily surrender his massage license.
“It is unlikely that there is any danger to the community,” Falcone said. “It is extremely unlikely he will be in that kind of situation due to the fact that he will not be legally able to do so anymore.”
Judge McDonald-Cady continued the hold without bail due, she said, to the perceived safety of the community and the risk of flight, as Mohamed is a resident of Connecticut and an Egyptian citizen. She announced that she will make a written decision by this coming Monday, even though it is a holiday.
As of press time there are no further hearings set on the official court schedule. Mohamed is currently being held at the Marble Valley Regional Correctional Facility in Rutland as he awaits the judge's decision.
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