(April 2008)

A prominent Somerville attorney and landowner will receive probation for his role in the death of a 22- year-old Tufts student.

Francis
D. Privitera struck Boryana Damyanova on Nov. 22, 2005, on Broadway
near Wallace Street, pushing her into an oncoming truck which killed
her. His recent court appearances, in which he faced a charge of
negligent motor vehicle homicide, were marked by reversals of
agreements and feuding with lawyers and the press.

On Thursday,
less than three weeks before he was scheduled to go on trial, Privitera
agreed to be placed on pre-trial probation and lose his license for
five years. The agreement allows Privitera to not only avoid jail time
but it also does not require him to change his plea from not guilty or
to admit to any facts in the case.

Authorities said Damyanova
was in a well-lit crosswalk talking on her cell phone when Privitera
struck her. At the time of the collision it was raining but prosecutors
alleged if Privitera had been "reasonably attentive" he would have had
enough time and distance to avoid striking her.

Damyanova
"landed on [Privitera's] windshield" and rolled off his car into
another lane where she was struck by the left rear tire of a Dodge pick
up truck, authorities said. Investigators concluded speed and alcohol
were not involved in the collision. Privitera said he was driving 13
miles per hour when he struck Damyanova.

"I got out of the car and I thought she was going to jump up and be okay," he told The Somerville News.

Thursday's
agreement comes after a month of Privitera rejecting similar deals. On
March 4, after Assistant District Attorney Nicole Allain, Judge Maurice
Flynn and Privitera's own attorney, J. Albert Johnson, stated
repeatedly that Privitera would receive a sentence of pre-trial
probation and lose his driver's license for five years, Flynn banged
his gavel, left the courtroom and the clerk read the agreement into the
record.

However, Privitera stood, a look of dismay on his face
and said, "Whoa, whoa. Loss of license? What about emergencies?" to
Johnson (whose past clients include Captain Ernest Medina, Patty
Hearst, Pam Smart, Zsa Zsa Gabor and F. Lee Bailey).

Leaving the
courtroom, as his son Phillip placed his coat on his shoulders,
Privitera continued to express alarm at the outcome. "What if my wife
is sick?" he said to Johnson.

Minutes later Privitera walked back into the courtroom and called the deal off.

At
his next court appearance Privitera approached a reporter to complain
about press coverage of the incident ("I read your article six times,
it was devastating. Now everybody is paying attention to me"), draw a
sketch detailing traffic movement the night of the accident, and make
the case for his innocence ("If [Damyanova] hadn't been walking across
the street negligently talking on her cell phone, none of this would
have happened").

At one point he reached into his pocket and
handed a reporter a packet of news articles lauding his charitable
contributions, including one with the headline of "I've Come a Long
Way: Privitera Tells Why He Enjoys Giving Back."

Privitera told The Somerville News he paid the Damyanova family $4 million to settle a civil lawsuit stemming from the accident.

Calling
a five-year loss of his driver's license a "death sentence," Privitera,
who came to his court appearances with a driver, said he needed to
drive his wife to the doctor's twice a month and church twice a week.

The
agreement reached Thursday allows Privitera to petition the Registry of
Motor Vehicles for a hardship license but the D.A.'s office will not
make any recommendation to the RMV, said Jessica Venezia the
spokeswoman for the office.

Privitera could not be reached for comment before deadline.

Privitera
is well known in Somerville as an attorney and landowner. He is
originally from Hale Street in Boston's West End and came to the city
in 1948. He owns blocks of land in Somerville, including 422 Mystic
Ave., 59 Union Square, 88 Beacon Street and 9 Davis Square.

He
was an assistant city solicitor under former Mayor Lawrence F. Bretta
from 1962 to November 1966 when he took over as head of the city's
legal department for a year. He also founded this newspaper in 1968 and
was its first publisher.

A packet submitted to the court by his
lawyer (Privitera was represented by at least six different attorneys
during the case), features pictures of him smiling alongside the likes
of former President Bill Clinton and singer Tony Bennett and glowing
accounts of his philanthropy.

One citation from the Elizabeth
Peabody House hails Privitera as "a captain of industry" and "a radiant
star in the theater of law, commerce and industry." Privitera told The
Somerville News he had contributed approximately $5 million to various
charities in his lifetime.

Damyanova was an exchange student from Hungary, who had come to Tufts to study international relations.