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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

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However, the defendant was not released until<br />

the Middlesex Superior Court Probation Department<br />

installed the GPS rnon'itoring base unit at defendant's<br />

home, and attached the GPS ankle bracelet and trans-.<br />

ponder to the defendant's person (R.A. "13", n. 164),<br />

pursuant to G.L.c. 265, 5 47. -(Addendum, p. i)<br />

The defendant,€iled numerous motions challenging<br />

the imposition of the GPS monitoring, device as a<br />

condition o€ his release, .pursuant to G.L.c. 276, 8<br />

47 (R,A. "13", n. 163, 167, and 168; R.A. "25-30";<br />

R.A. "33-35"; and B.A. "36-38"). And at all times,<br />

the defendant objected t o the imposition of the<br />

GPS monitoring device,, and complained to the court<br />

that he was - not a convicted sex offender, as required<br />

by G.L.c. 276, $47. Cf. Commonwealth v. Cory, 454<br />

<strong>Mass</strong>. 559 (2009); Commonwealth v.. Vallejo, 455 <strong>Mass</strong>.<br />

72 (2009): and Commonwealth v. Blake, 454 <strong>Mass</strong>. 267<br />

(2009) (Adjudicated a sexual dangerous person).<br />

The defendant endured constant harassment,<br />

bullying, ridicule, humiliation, and ostracization<br />

as being mislabeled as'an infamous "sex offender"<br />

I,<br />

and sexual predator" due to observations of the<br />

GPS monitoring bracelet and transponder, Similarly,<br />

this Court has said that the sex registry require-<br />

ment "presents an importantly distinct kind of<br />

30

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