COMMONWEALTH v. PETRAS

No. 87-1146.

26 Mass. App. Ct. 483 (1988)

529 N.E.2d 404

COMMONWEALTH vs. WILLIAM D. PETRAS (and five companion cases).

Appeals Court of Massachusetts, Middlesex.

October 17, 1988.


Attorney(s) appearing for the Case

David R. Marks, Assistant District Attorney, for the Commonwealth.

William G. Burke for William D. Petras.

Present: GREANEY, C.J., BROWN, & KASS, JJ.


GREANEY, C.J.

A Superior Court judge dismissed with prejudice indictments which charged each of three defendants (William D. Petras, William Marrocco, and Charles Camirand) with aggravated rape and indecent assault and battery. The judge concluded that the ultimate sanction was necessary because the prosecutor, after being warned once before by another judge, failed to bring to the grand jury's attention an inconsistent...

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