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MENDONZA v. COMMONWEALTH

423 Mass. 771 (1996)

KEVIN MENDONZA v. COMMONWEALTH. COMMONWEALTH v. VINCENT L. CALLENDER.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 1996.

Attorney(s) appearing for the Case

David C. Megan & Barbara F. Berenson, Assistant District Attorneys, for the Commonwealth.

Carol A. Donovan, Committee for Public Counsel Services (Wendy S. Wayne, Committee for Public Counsel Services, with her) for Kevin Mendonza & another.

Ralph C. Martin, II, District Attorney, & John P. Zanini, Assistant District Attorney, for the District Attorney, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, & FRIED, JJ.

FRIED, J.

In these cases we consider the constitutionality of G. L. c. 276, § 58A (1994 ed.),1 which allows a judge to detain, prior to trial, a person accused of certain crimes on the ground of that person's dangerousness (preventive detention). In Aime v. Commonwealth, 414 Mass. 667, 668 (1992), we concluded that G. L. c. 276, § 58, as amended through St. 1992, c. 201, §...

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