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

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anonymous phone call to the police, resulting in Aldrich's precautionary arrest for public safety, presumably pursuant to G.L.c. 265, 847, even if in error. 10/ Cory, supra at n. 18 ("To the extent that the ankle bracelet portion of the GPS device is potentially visible to the public, it may have the additional punitive effect of exposing the offender to persecution or ostracism, or at least placing the offender in fear of such consequences"); Cf. Smith v. Doe, 538 U.S. 84, 115 (2003)(affirma- tive restraint established by "profound humiliation and community-wide ostracism" of sex offender registry). Therefore, where Aldrich was - not a convicted sex of€ender, and he was simply awaiting trial for property related offenses (R.A. "I"), the government's intentionally applied act of attaching a GPS device to Aldrich, pursuant to G.L.c. 265, § 47, placed a substantial burden on Aldrich's liberty in violation of his fundamental constitutional rights, for which he is entitled to relief. Commonwealth v. Cory, 454 Mass. 559 (2009)("Due to the substantial burden on liberty 3 47 ... was punitive in effect"). io/ Note, Who Are the People in your Neighborhood7 Due Process, Public Protection, And Sex Offender Notification Laws, 74 N,Y,U.L. Rev. 1451, 1467-
3. WUERE DEFENDANT WAS ALLOWED TO PROCEED PROSE THROUGHOUT ALL PROCEEDINGS, IT WAS A DIRECT VIOJATION OF HIS SIXTH AMENDMENT RIGHT FOR THE GOVERNMENT AND/OR ITS AGENTS TO USE GPS DEVICE TO MONITOR, TRACK AND CONDUCT SUR- VEILLANCE OF PRO SE DEFENDANT WHILE HE PRE- PARED HIS DEFENSE FOR TRIAL The Sixth Amendment to the United States Consti- tution guarantees the rights o f the accused "to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process far obtaining witnesses in his favor, .,.I1* 6th Amendment, U.S. Const. (Adden- dum, p. 4). Here, Aldrich elected to proceed Pro Se, and he alhud was to do so after the court administered a colloquy (B.A. "3", no. 7). At that point, Aldrich was personally enarmed with the full panoply of rights afforded to an accused under the Sixth Amendment. Faretta v. California, 422 U.S. 806 (1975). Also see Commonwealth v. Jackson, 419 Mass. 718 (1995); and Cornmonwea1th.v. Martin, 425 Mass. 718 (1997). 1469 (1990)(describing acts of violence against re- gistered sex offenders), Megan A. Janick, Note: Better Seen than Herded: Residency Restrictions and Global Positioning System Tracking Law for Sex Offenders, 16 B.U. Pub. Int. J.L. 258 (2007); Susan J. Walsh and Ivan J. Dominguez, Privacy and Technology: Law Enforcement's Secret Uses of GPS Devices, Champion 26 (May 2009); Reepal 5. Dalal, Note: Chipping Away at the Constitu- tion: the Increasing Use of HFID Chips Could Lead t o Erosion of Privacy Rights, 86 B.U.L. Rev. 485 (2006).
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 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: Here, in the non fiction, Aldrich n
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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