NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases
NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases
3. WIlERE DEFENRANT Was ALLOWED TO PROCEED PRO SE THROUGHOUT ALL PROCEDINGS, IT WAS A DIRECT VIOLATION OF HIS SIXTH AMENDMENT RIGHT FOR THE GOVERNMENT AND/OR ITS AGENTS ” TO USE GPS DEVICE TO MONITOR, TRACK, AND CONDUCT SURVEILLANCE OF PRO SE DEFENDANT WHILLE HE PREPARED ms DEFENSE FOR TRIAL A. Denial of Access To Wttnesses B. Denial of Access To Witnesses By Written Consent Requirement C, Denial of Continuance To Access, Interview, And Secure Attendance of Witnesses D. Threats and Intimidation By Police Officer A Day Before Trial Violated Defendant‘s Substantive Constitutional Rights To Fair Trial E. Abuse of Discretion In Revocation of Bail During Trial Without Prior Notice or Hearinq viii
STATEMENT OF PRIOR PROCEEDINGS On February 7, 2008, a Middlesex county grand jury returned 8 indictments against the defendant ' for burglary, larceny, larceny, attempt to commit a crime, burglarious tool, destruction o f property, resisting arrest 00164,~001-008). as an habitual o attached hereto "1-23"). 1/ and false name (Indict, nos. 2008- The defendant was also indicted fender. The docket entry sheet is n the Record of Appendix (R.A. On February 25, 2008, defendant was arraigned in Middlesex Superior Court, and he was granted leave to proceed "Pro Se" after a full colloquy from the court (R.A. "3", no. 7). On February 25, 2008, during arraignment, the Commonwealth's request for $25,000.00 cash bail was allowed, and the defendant was held in custody. On March 18, 2009, the defendant's motion for reduction of bail was allowed, and the court vacated the original bail. The court reduced the bail to $50,000.00 surety or $5,000.00 cash yith conditions of GPS electronic bracelet, at the Commonwealth's request (R.A. "IO"). 1/ The exhibits within the attached Record of Appendix shall be referred to as (R.A."[page]").
- Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS (1 of
- Page 3 and 4: Case Laws Commonwealth v. Adkinson
- Page 5 and 6: Case Laws Guiney v. Police Comm'r o
- Page 7 and 8: Massachusetts Constitution Article
- Page 9: I S S U E S P R E S E N T E D 1. WH
- Page 13 and 14: On September 8, 2009, while on bail
- Page 15 and 16: STATEMENT aF FACTS On January 6, 20
- Page 17 and 18: of bail whereas the defendant was a
- Page 19 and 20: On September 8, and 18, 2009, the P
- Page 21 and 22: that he was - not a convicted sex o
- Page 23 and 24: else he would be setting himself up
- Page 25 and 26: which, remarkably, contained a list
- Page 27 and 28: who threatened the defendant with a
- Page 29 and 30: As a result of three months of cons
- Page 31 and 32: phone call to the defendant from a
- Page 33 and 34: A R G U M E N T S 1. WHERE A COURT
- Page 35 and 36: A R G U M E N T S 2. WHERE PRETRIAL
- Page 37 and 38: In Emelio E, V. Commonwealth, 453 M
- Page 39 and 40: admitted to facts u€ficient for s
- Page 41 and 42: constitutional danger, because it f
- Page 43 and 44: defense); McKaskle v. Wigpins, 465
- Page 45 and 46: Art. 14 Declaration of Rights, Mass
- Page 47 and 48: Here, where Aldrich was released on
- Page 49 and 50: R, Governmental GPS monitoring trac
- Page 51 and 52: Here, in the non fiction, Aldrich n
- Page 53 and 54: 3. WUERE DEFENDANT WAS ALLOWED TO P
- Page 55 and 56: of trial (R.A. "49-50"), in violati
- Page 57 and 58: Thus, where the lower court incorre
- Page 59 and 60: "52-62"), and out of fear and intim
3. WIlERE DEFENRANT Was ALLOWED <strong>TO</strong> PROCEED PRO<br />
SE THROUGHOUT ALL PROCEDINGS, IT WAS A<br />
DIRECT VIOLATION OF HIS SIXTH AMENDMENT<br />
RIGHT FOR THE GOVERNMENT AND/OR ITS AGENTS ”<br />
<strong>TO</strong> USE GPS DEVICE <strong>TO</strong> MONI<strong>TO</strong>R, TRACK, AND<br />
CONDUCT SURVEILLANCE OF PRO SE DEFENDANT<br />
WHILLE HE PREPARED ms DEFENSE FOR TRIAL<br />
A. Denial of Access To Wttnesses<br />
B. Denial of Access To Witnesses<br />
By Written Consent Requirement<br />
C, Denial of Continuance To Access, Interview,<br />
And Secure Attendance of Witnesses<br />
D. Threats and Intimidation By Police Officer<br />
A Day Before Trial Violated Defendant‘s<br />
Substantive Constitutional Rights To Fair Trial<br />
E. Abuse of Discretion In Revocation of Bail<br />
During Trial Without Prior Notice or Hearinq<br />
viii
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