To wit:

To the SUPERIOR Court of Franklin holden at PITTSFIELD, MASSACHUSETTS for the transaction of criminal business, within the country of BERKSHIRE, LINDA L. HAMILTON of Shelburne Falls, Massachusetts on behalf of the Commonwealth of Massachusetts on the 20th day of January in the year 2005, on oath complains that James Harkins of Wilmington, Massachusetts did violate the civil rights and commit criminal acts against Linda Hamilton. He also conspired with ADA Kelly Mulcahy and his attorney Cairns to violate my Constitutional rights and criminally harass me in violation of MGL Chapter 265: Section 37, Chapter 268: Section 2, Chapter 274: Section 7, Chapter 90: Section 24A, Chapter 265: Section 13 A.

On March 1, 2000, just a little before noon I was leaving my job at North Adams hospital to go home. I drove down Eagle St. and when I got to the light where Union St. (Rt. 2) is it was green and I took a left onto Union St. I did notice that when I came to the light on my right at a red light was a white 18 wheel truck. He was stopped at the red light.

I proceeded to drive eastbound. The speed limit on that part of Rt. 2 is 30 mph. When I looked in my rear view mirror and saw the truck coming through the intersection very fast. My first thought was that he was somehow distracted and didn't see me in front of him. He continued to drive fast so I sped up a bit and just before he got to my bumper, he pulled out into the left hand lane. And I thought well good, he's going to pass me. He's just one of those aggressive truck drivers. But he didn't pass me, he pulled half way up my vehicle. I couldn't see him, but I could hear him So I slowed down hoping he would pass me. He repeated this action at least two more times.

At this point I started to get frightened and I thought possibly he was driving under the influence. I was going to pull off the road, but the place where I was right then were abandoned mills and there were no people around. I was afraid he might pull in after me. At this point I was really getting fearful for my life.

At this point, I thought that I might be able to get away. I knew there were houses coming up and I was planning on trying to pull into one of the driveways where he couldn't follow me and run behind the houses towards Cumberland Farms to use the phone. I have a license to carry a concealed firearm and carry a Charter Arms .38 in my purse. Knowing it is illegal to leave the gun in the car unattended and not wanting to be hampered by carrying my purse, I removed the gun in its' holster and put it in my right hand. I put my right hand back on the steering wheel preparing to turn. At this point he backed off so I just sped and pulled into Cumberland Farms. I then reported what happened to Sgt. Robert O'Hare at the Shelburne Falls Barracks because I knew the trucker would be driving right past the barracks on Rt. 2.

Mr. Harkins told the police in his statement that I had waved a gun at him. He also said he did not want to file a complaint. On January 29, 2001 at trial he changed his testimony to say I pointed a gun at him.

At a probable cause hearing on September 29, 2000 charges of driving to endanger were filed against Mr. Harkins by Judge Michael Ripps . In his testimony Mr. Harkins stated that it was my responsibility to get out of his way. Mr. Harkins was never prosecuted due to the fact that ADA Kelly Mulcahy offered to not prosecute Mr. Harkins in exchange for perjured testimony at the trial of Linda Hamilton on January 29, 2004. Mr. Harkins and his attorney, Mr. Cairns were seen meeting in collusion with ADA Ms. Mulcahy on the morning of January 29, 2001.

Source of Information- QT Investigation, Pittsfield Ma. (Nancy Clemo)

Mr. Harkins has several aliases and social security numbers.
James Dorotharkins, James M Price Jr., James M. Harkins and James Price.
SSI 020-32-0318 and 018582067.

Mr. Harkins listed his address as South Boston which is just a mail drop. He actually lives in Wilmington, Ma.

Another source, a Boston attorney told us he had outstanding arrest warrents.

Ms. Mulchay the ADA and District Attorney Gerard Downing knew this and did nothing.

I believe Lt. Butler Mass. State Police and FBI agent Joseph Tamarkin knows who Mr. Harkins is and are protecting him.

I attest this affidavit to be true to the best of my knowledge. Signed under penalty of perjury.

Linda Hamilton
9 Wilde Rd.
Shelburne, Ma.
(413) 625-9687