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COMMONWEALTH v. RAY

435 Mass. 249 (2001)

COMMONWEALTH v. JAMES RAY.

Supreme Judicial Court of Massachusetts, Suffolk.

October 10, 2001.

Attorney(s) appearing for the Case

Robert L. Goodale, Special Assistant District Attorney (Kevin Connelly, Assistant District Attorney, with him) for the Commonwealth.

Paul J. Machado for the defendant.

The following submitted briefs for amici curiae:

Greta A. Janusz for International Fidelity Corporation.

Thomas F. Reilly, Attorney General, John E. Bowman, Jr., & Dean A. Mazzone, Assistant Attorneys General, for the Attorney General.

Peter D. Anderson & George T. Campbell, III, for Richard Verrochi.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

The question before the court is whether a judge may properly set alternative bails in differing amounts as a condition for pretrial release in a criminal case: one in an amount which can be posted in the form of a surety company bond; and the other in an amount equal to the maximum nonrefundable premium required to purchase the surety bond but which can be posted only in the form of cash.1

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