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

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On September 8, 2009, the defendnat appeared at a hearing on his "Petition To Remove Electronic Bracelet As A Condition of Bail," where he again complained to the court that he was - not a sex offender, and that his liberty was substantially circumscribed, especially where he was precluded from visiting his younger brother (Paul Aldrich) who had recently suffered a massive brain aneurysm and was receiving long term treatment at a New Hampshire rehabilitation center. The hearing judge threatened to return the defendant "back to the can" if he refused to wear the GPS bracelet. When the defendant attempted to cite the two recent decisions (see n. 2), the hearing judge simply stated that they do not apply. The Probation Officer then requested a modification of the bail conditions (R.A. "33"). The hearing judge (Conners, J.) accepted the Probation Officer's recommended rnodifictions, over defendant's objection, and imposed a residential curfew from 8 :OO PM to 6:OO AM, and allowed defendant to visit his seriously ill brother in New Hampshire on the weekends. However, defendant was required to wear GPS bracelet at all times (R.A. "33"). 8
On September 8, and 18, 2009, the Pro se defendant filed with the Single Justice of the Supreme Judicial Court a "Motion Requesting Emergency Ex Parte Hearing'' and a "Petition For Relief Pursuant To F.L,c. <strong>211</strong>, 8 3", seeking an order to vacate the lower court's misapplica- tion of G.L.c. 265, $ 47, forcing defendant to wear a GPS electronic bracelet. However, both matters were denied without a hearing (Cordy, J.) (R.A. "36-40"). While on bail, the defendnat was ridiculed, ostracized, and harassed by family, friends, and the public in general. So much so that family and friends made it known to the defendant that they did not want the defendant to be around their children unsupervised because the court would not have put the defendant on a GPS electronic bracelet if he was not a sex offender. The defendant was stopped by the police on several occasions, allegedly to check his license and registration for some contrived motor vehicle infraction, but never given a citation. Defendant's movements were being closely monitored by police and other law enforcement entities with access to the GPS monitoring system. 9
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 and 10: I S S U E S P R E S E N T E D 1. WH
Page 11 and 12: STATEMENT OF PRIOR PROCEEDINGS On F
Page 13 and 14: On September 8, 2009, while on bail
Page 15 and 16: STATEMENT aF FACTS On January 6, 20
Page 17: of bail whereas the defendant was a
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

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

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