NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

consistently impeded and interferred with the Pro
Se defendant's attempt to gather evidence in support
of his defense. The adversarial tension became so
acute that the Pro Se defendant was substantially
and unfairly deprived of his constitutional rights
to due process and equal protection of the law where
the prosecuting attorney systematically withheld
exculpatory evidence and systematica1I.y cutoff a ll
avenues of the Pro Se defendant to prepare an
adequate defense by misusing the superior resources
of the state.
On August 3, 2009, the Pro Se defendant filed
a "Motion For Protective Order Prohibiting Common-
wealth And/or Its Agents From Interfsrring With
Defense," which is a constitutional right under the
6th Amendment; however, the motion was denied by
the court (Kottmyer, J.)(R.A. "44-46").
On August 8, 2009, based on two recently
decided cases, 2/ the defendant filed, in Middle-
It
sex Superior Court, an Emergency Motion To Vacate
Electronic (GPS) Bracelet As A Condition of Bail
Due To Recent Supereme Judicial Court Decisions,
to remove the GPS electronic bracelet as a condition
2/ Commonwealth v. Raposo, 453 Mass. 739 (May 7,
2009) and Emelio E. v.~ Commonwealth, 453 Mass.1024
(May 7, 2009).
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