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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

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C O N C L U S I O N<br />

WHEREFORE: Robert Aldrich prays that the Supreme<br />

Judicial Court will grant him relief for violations of<br />

his substantive constitutional, procedural, and due<br />

process rights. Further, Aldrich prays that this<br />

Honorable Court will FIND, RULE and ORDER that:<br />

- -I<br />

1.<br />

2.<br />

3.<br />

4.<br />

5.<br />

6.<br />

7.<br />

8.<br />

The judickal court violated the Separation of Powers<br />

provision of Art. 30 when it exceeded the Leyislative<br />

scope and authority of G.L-c. 265, fs 47 by imposing<br />

A "GPS device" on a pretrial defendant who was poJ<br />

a convicted sex offender;<br />

Aldrich was - not and is ~ not a convicted sex offender<br />

as defined by G.L.c. 6, 5 IIW, and that G.L.c. 265,<br />

did not apply to ALdrich;.<br />

The imposition of the GP'S device on Aldrich pursuant<br />

to G.L.c. 265, § 47 was.unconstftutiona1;<br />

Aldrich's substantive constitutional and due process<br />

rights were violated where the government unlawfully<br />

"SEIZED" and/or "SEARCHED" him Kbrough the use of EPS<br />

monitoring, tracking, and surveillance while AYdrich<br />

was a Pro Sc defendant in violation of the 4th, 6th,<br />

and 14th hmendments and Art. 12 and 14:<br />

Aldrich's substantive constitutional rights to a<br />

fair trial were violated where the court arbitrarily<br />

and systematically denied the defense access to<br />

witneses through the prerequisite of a "written<br />

consent requirement", which'was unconstitutional;<br />

Aldrich's substantive constitutional rights to a<br />

fair trial were violated through police misconduct<br />

of threats and intimidation before trial;<br />

Aldrich is entitled to a new trial for the above<br />

reasons, and released on his original bail without<br />

the restraints of electronic monitoring as a<br />

prophylatic remedy; and<br />

And other relief deemed appropriate by this Court.<br />

February 8, 2011 liobert Aldrich<br />

MCI ~~~~ Shirlev<br />

~~~<br />

P.0. BOX 1218<br />

Shirley, MA 01464<br />

50

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