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
the court holding cell. When attorney Lisa Belanger attempted to visit the defendant in the holding cell, attorney Belanger was denied access to the defendant by the court officer who informed attorney Belanger I' I' that it was per order of the judge. Though the trial was still in process, the Pro Se defendant was taken into custody and placed in the court holding cell. When attorney Lisa Belanger attempted to visit the defendant in the holding cell, attorney Belanger was denied access to the defendant by the court officer who informed attorney Belanger that it was "per order of the judge. The defendant was found guilty by the jury, and after a subsequent hearing, the trial judge (Muse, J.) sentenced the defendant to 20 years as a habitual. offender for burglary, two concurrent 5 year sentences for larcenies, and 2 years probation from and after for attempt to commit a crime (B.A. "17-18"). Shortly thereafter, the GPS electronic bracelet was removed from the defendant's ankle, and the defendant was transported to MCI Cedar Junction. Three months later, on March 27, 2010, Ms. Marie Williams received a copy of her METRO PCS cellular phone records (857-251-5661), which revealed the date, time, duration and incoming telephone number of the phone used to make the threatening T I
phone call to the defendant from a police officer (Christopher Burke), on 12/8/2009, at 17:OO (5 PM), which lasted approximately 14:09 minutes (R.A. "52- 53"). The phone records also show that the defendant had, in fact, called attorney Lisa S.' Relanger, (617-510-6212)(R.A. "53"), .Ms. Marie Williams, (617-436-5127)(B.A. "s"), and Ms. Joe Younge (617-800-5851)(R.A. "51"), after he received the threatening phone call from a police officer (617- 349-3385) (R. A * "53"). To verify the incoming phone number from. the police officer who threatened the defendant a day before trial, the defendant was able to obtain a copy of the internet informational phone directory for the ''City of Cambridge Police Department ," {R.A. "%"), where he €ound that the incoming telephone number 617-349-3385 belonged to Cambridge Police Officer, "Christopher Burke," (R.A. "56"). On July 9, 2010, the defendant received an affidavit from attorney Lisa Siege1 Belanger which recited the fact that the defendent was in her office just. prior to the threatening phone call, that the defendant called her imrned.iately after receiving the threatening phone call, and her advice to obta-in a copy O f the cellular telephone 21
- 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 and 26: which, remarkably, contained a list
- Page 27 and 28: who threatened the defendant with a
- Page 29: As a result of three months of cons
- 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
the court holding cell. When attorney Lisa Belanger<br />
attempted to visit the defendant in the holding cell,<br />
attorney Belanger was denied access to the defendant<br />
by the court officer who informed attorney Belanger<br />
I' I'<br />
that it was per order of the judge.<br />
Though the trial was still in process, the Pro<br />
Se defendant was taken into custody and placed in<br />
the court holding cell. When attorney Lisa Belanger<br />
attempted to visit the defendant in the holding cell,<br />
attorney Belanger was denied access to the defendant<br />
by the court officer who informed attorney Belanger<br />
that it was "per order of the judge.<br />
The defendant was found guilty by the jury, and<br />
after a subsequent hearing, the trial judge (Muse,<br />
J.) sentenced the defendant to 20 years as a habitual.<br />
offender for burglary, two concurrent 5 year sentences<br />
for larcenies, and 2 years probation from and after<br />
for attempt to commit a crime (B.A. "17-18").<br />
Shortly thereafter, the GPS electronic bracelet<br />
was removed from the defendant's ankle, and the<br />
defendant was transported to MCI Cedar Junction.<br />
Three months later, on March 27, 2010, Ms.<br />
Marie Williams received a copy of her METRO PCS<br />
cellular phone records (857-251-5661), which revealed<br />
the date, time, duration and incoming telephone<br />
number of the phone used to make the threatening<br />
T I
Change language