defendant did not know. Roberts had told defendant

she was staying at the restaurant in exchange for watching the restaurant. Roberts told

defendant that the other man present had been raping her. The man admitting raping

Roberts and said he was sorry. Defendant struck the man three or four times in the face,

using his hands. Roberts then said that the man would never rape her again and began

hitting the victim with a club or what appeared to the defendant to be a sledgehammer.

Defendant took the object away from Roberts, but she retrieved it and resumed hitting the

victim. Defendant took the weapon away a second time, threw it on the ground, asked

her what she was doing, and then left. Defendant denied ever striking the victim with a

weapon.

     and when Fuller left F & D at the end of 1983 he had still heard nothing further about the state court action against Drury and F & D. Id. at ¶ 7.
The jury verdict for the trustee, Kerlinsky, was affirmed by the Massachusetts Appeals Court in December, 1984. Further appellate review was denied by the Supreme Judicial Court in February, 1985, and an execution of the judgment, including interest and costs, in the amount of $81,706.58 was issued on May 2, 1985. Exhibit A to Weiner Affidavit and Exhibit A to Kaelin Affidavit.
Kerlinsky wrote to Attorney William K. Danaher on May 15, 1985 and again on May 29, 1985, seeking payment in full of the execution plus accruing interest.[3] Exhibit A to Kaelin Affidavit. On June 11,