COMMONWEALTH v. DIAMOND

No. 96-P-1791.

46 Mass. App. Ct. 103 (1999)

COMMONWEALTH v. FREDERICK C. DIAMOND.

Court of Appeals of Massachusetts, Essex.

January 7, 1999.


Attorney(s) appearing for the Case

Michael J. Traft (Frederick C. Diamond with him) for the defendant.

Cathryn A. Neaves, Assistant Attorney General, for the Commonwealth.

Present: JACOBS, DREBEN, & FLANNERY, JJ.


JACOBS, J.

After announcing the removal of a default against a party represented by the defendant in a civil action, a Superior Court judge saw the defendant lean toward opposing counsel, and heard the word "ass" spoken. Opposing counsel rose to ask the judge whether he had heard what the defendant had said. Responding to the judge's inquiries, the defendant claimed lack of recall but then stated that he told opposing counsel that he now would "get discovery up the...

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