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

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several grounds, including the issue that he was being placed at a substantial disadvanatge by not being afforded the opportunity to interview the Commonwealth’s witnesses, especially where the Commonwealth filed an extensive witness list on the previous day (12/07/09). The trial judge (Muse, J.) again noted defendant’s objection, and denied the motion (R.A. “51”). After jury selection and enpanellrnent, the session was adjourned, and trial was to begin the next day. On December 8, 2009, later that afternoon, the defendant went to the office of attorney Lisa S. Belanger, i n Medford to discuss trial strategies and defenses. Attorney Belanger called the GPS monitoring center and requested additional time for the defendant to prepare for trial at her office; however, that request was denied. The defendant was instructed to step outside so that the GPS monitoring center could re-adjust their GPS tracking monitor. Shortly after the defendant left attorney Belanger’s office, the GPS tracking system recognized that the defendant was no longer at attorney Belanger’s office. While at Men’s Wear- house, the defendant received a phone call on his cellular phone from a Cambridge Police Officer, 16
who threatened the defendant with additional criminal charges for unsolved burglaries if the defendant went forward with the trial. The police officer went on to 'cell the defendant that he should not challenge the background and train- ing of his fellow female officer, and that the defendant was stupid for representing himself. The police officer then threatened the defendant to plead guilty to save themalot of trouble or he would talk with the D.A. and make sure the defendant received 20 years retirement in prison. The defendant became fearful and intimidated by the phone call from the police officer, and he was sure that the call was only made to him after he left attorney Eelanger's office, which would have been easily known through GP5 monitor- iong, tracking, and surveillance. The defendant then called attorney Belanger and told her about the threatening phone call he received from a Cambridge Police Officer. Attorney Belanger was deeply concerned about the telephone threats from a police officer, and she advised the defendant to get a copy of the METRO PCS Cellular phone record as evidence before bringing the matter to the attention of the Court (B.A. "52-53"). 17
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 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: which, remarkably, contained a list
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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