BOSTON (WWLP) – The state’s highest court heard an appeal Wednesday of the dismissal of charges against the former superintendent and former medical director of the Soldiers’ Home in Holyoke.

In November of 2021, a Hampden Superior Court judge dismissed indictments against 51-year-old Bennett Walsh of Springfield and 72-year-old Doctor David Clinton of South Hadley for their alleged role in the deadly COVID-19 outbreak at the facility. The judge cited a lack of evidence that their actions amounted to a crime, but Attorney General Maura Healey wants the charges reinstated, and filed an appeal.

“The tragic loss of life at the Holyoke Soldiers’ Home broke the promise that our Commonwealth would honor these men who bravely served our country,” said AG Healey. “We are filing this notice of appeal today to pursue accountability on behalf of their loved ones and communities.”

The following charges were dismissed against Bennett Walsh and Dr. David Clinton:

  • Caretaker Who Wantonly or Recklessly Commits or Permits Bodily Injury to an Elder or Disabled Person (5 counts for each defendant)
  • Caretaker Who Wantonly or Recklessly Commits or Permits Abuse, Neglect, or Mistreatment to an Elder or Disabled Person (5 counts for each defendant).