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Boston GlobeA district court judge today tightened the home confinement conditions for state Senator Anthony D. Galluccio and set a hearing for Jan. 4 to determine whether the Cambridge Democrat should go to jail for failing breathalyzer tests this week that were part of his probation for a fleeing the scene of a car crash in October.
Cambridge District Court Judge Matthew Nestor agreed to a request by the probation department for a "lockdown" that would require Galluccio to stay in his home 24 hours a day until the hearing. Under the original terms of his probation, Galluccio was allowed to leave his home to cast votes in the Senate and attend church.
Galluccio said Tuesday that he set off a false reading on the machine by using toothpastes that contain the substance sorbitol. After today's hearing, he said, "I have and will continue to live up to every commitment that I have made and every agreement that I have made."
If Galluccio is determined at the January surrender hearing to have violated his probation, he could face up to a year in jail.
Catherine Ham, a prosecutor from Plymouth District Attorney Timothy Cruz's office, wanted Galluccio immediately sent to jail, pending his probation surrender hearing. But the judge told her it was the probation department's role, not the prosecutors', to make such a recommendation. Cruz's office is involved in the case to avoid any appearance of conflict of interest for Middlesex County prosecutors.
Galluccio's attorney, George Hassett, suggested that the date of the next hearing be moved from Jan. 21 to Jan. 4. The judge agreed.
The 42-year-old Galluccio was sentenced Friday to six months of home confinement after pleading guilty to fleeing the scene of a crash in October in which he rear-ended a minivan carrying a family of four, leaving a 13-year-old boy and his father with minor injuries.
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