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Recount case moves to Worcester court

Alicea lawyer tried similar, opposite case in 2003

December 12, 2010
The 6th Worcester District recount case will have to start over after Suffolk Superior Court Judge Frances McIntyre dismissed it "without prejudice to immediate re-filing in Worcester Superior Court."

According to the court's Civil Clerk's computer system, it was "dismissed by reason of 'forum non conveniere'" — in English, an inconvenient location — as requested by the Republican candidate, Peter Durant.

Durant, who is technically not a party to the case except as an "intervener," said he wanted it moved to Worcester largely because most of the likely witnesses are either town employees or senior citizens who would have difficulty getting to Boston. He noted the judge did not comment on the substance of the case.

"It wasn't the best venue in our estimation," Durant said, later adding, "We don't know much more now than when we did going in."

On Election Day, Nov. 2, he defeated incumbent Democrat Geraldo Alicea by four votes, a margin that narrowed to one after the district's towns recounted the ballots two weeks later. Alicea, however, filed suit against the Southbridge Board of Registrars and the Secretary of State, claiming that one absentee ballot was improperly rejected and one voter not allowed to vote.

His attorney, William McDermott, said they will indeed refile the case, probably next week.

For more on this story, please see tomorrow's Southbridge Evening News.

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