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

As a result of three months of constant GPS
monitoring, tracking, and surveillance, which
culminated in a threatening phone call from a
police officer the day before trial, the Pro Se
defendant has reason to be fearful and leery,
The PKO se defendant changed his defense, and
decided to not testify on his own behalf at trial.
After closing arguments and jruy instructions,
as the jury was leaving the courtroom for delibera-
tion, the trial judge instructed the defendant to
remain in the courtraom (the Pro Se defendant was
preparing to leave the courtroom to call the
missing witnesses). The trial judge (Muse, J.),
then ordered that court officers to take the
Pro Se defendant into custody. When the defendant
asked the trial judge what was going on, the trial
judge stated that he was revoking the dgfendant's
bail. The defendant argued that he had not violated
the conditions of his bail or the GPS consitions,
and that the Commonwealth did not request that the
defendant's bail be revoked. The trial judge stated
that he was revoking the defendant's bail, "sua
sponte. 1,
Though the trial was still in progress, the Pro
Se defmdant was taken into custody and placed in
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