By SYDNEY SCHWARTZ
The Patriot Ledger

BROCKTON - The man accused of stockpiling weapons in a rented Pembroke storage unit had no access to those guns for more than a year, his defense lawyer said Tuesday.

Donald Govoni, 48, faces 31 counts of unlawful firearm possession after Pembroke police found weapons in his storage locker in 2006. He pleaded innocent last year to several weapons-related charges.

Govoni’s attorney, Michael Bergeron, said at his trial Tuesday that Govoni was licensed to own the guns when he bought them more than a decade ago. His license was never revoked or suspended; it expired in 1995.

And between July 2005 and August 2006, he said, Govoni was unable to access the weapons because he was locked out of his Pembroke storage unit for failure to pay rent.

‘‘There’s no doubt that the guns were lawfully bought,’’ Bergeron said Tuesday. ‘‘That unit sat dormant for over a decade.

‘‘He didn’t have direct physical possession of the items. He didn’t have the physical ability to get in there. He didn’t have the financial ability to get in there. ... There were two locks on all of those units.’’

Pembroke police began looking for Govoni in August 2006 after they found Uzi-like guns, a rocket launcher and silencers in a unit he rented at Stor-It Mini Warehouses.

Workers at the warehouse discovered some of the arsenal while clearing out Govoni’s storage unit for failure to pay rent, a witness said Tuesday. The company notified police.

‘‘We had to call a bomb squad,’’ Jessica Gillis, a manager at Stor-It, testified in court.

Gillis said Govoni had signed a letter a few days earlier at Stor-It, indicating that he was aware they would sell the contents of his storage unit at auction. They had sent him several letters on the matter. He had paid some of the rent about a year earlier.

‘‘He seemed a little on edge,’’ Gillis said. ‘‘He was worried about losing his things.’’

Govoni, reportedly homeless and living in Boston, later called police and offered to turn himself in after seeing news reports about the weapons cache. But he never showed up.

A Duxbury police officer arrested Govoni on Aug. 22, 2006,, after he spotted him in town. Police found out that Govoni’s firearms license lapsed in 1995.

Despite the lapse, the prosecutor, Assistant District Attorney Michael Scott, said Govoni was still aware of and accountable for the weapons in the units. He brought to court the assault-type weapons and other equipment found in the storage lockers, along with paperwork from Stor-It Mini Warehouses.

‘‘All he had to do to gain access is pay rent,’’ Scott said. ‘‘The law should not ... allow Mr. Govoni to simply turn his back on these items.’’

Govoni spent 11 months in jail before posting bail in July. He is living with family, his attorney said. For much of Tuesday’s trial, he scribbled on yellow notebook paper. He did not testify.

Govoni will return to court Thursday, when the prosecutor is expected to present more evidence. Judge Charles J. Hely said he would rule on the matter Jan. 11, after the prosecution and defense submit memos on the law.

Sydney Schwartz may be reached at sschwartz@ledger.com.
Copyright 2007 The Patriot Ledger
Transmitted Wednesday, December 19, 2007