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Judge: Charge against Mass. woman in phony lawyer case stands
John Bouraphael, 33, of Danville is headed to trial on identity fraud charges on June 19 in superior court. His girlfriend, Shayna Provencal, goes to trial on June 24 as his alleged accomplice. (JAMES A. KIMBLE PHOTO)
Shayna Provencal, 24, of Andover, Mass., is now expected to go on trial the week of June 24 in Rockingham County Superior Court on charges of accomplice to identity fraud.
Bouraphael is currently serving a state prison sentence on felony drug charges.
He said in a recent one-page order that prosecutors do not have to prove every element of the offense to bring an accomplice charge against Provencal.
Prosecutors allege Provencal assisted Bouraphael in recording Naro’s state bar ID number in the telephone registry at the Merrimack County House of Corrections.
Defense lawyer Patrick Fleming argued in court papers that it was clear that the identity fraud law was not meant to separately criminalize “the posing of another person while being recorded, but rather to criminalize the recording of personal information (things like passwords, PINS, etc.) without consent and with the intent to later use that information for posing as another person.”
Provencal’s bid to have her charges dismissed came along with a similar effort by Bouraphael. In his case, Judge Kenneth McHugh likewise decided prosecutors had met their legal burden to move ahead with a trial.
Provencal faces up to 7 ½ to 15 years in state prison if she is convicted by a jury.
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