ARMSTRONG, C.J.
In July, 1994, police Sergeant Wilbur Brittle was suspended without pay from the Boston police department due to a pending indictment charging that he had stalked (G. L. c. 265, § 43[a]) and threatened (G. L. c. 275, § 2) a former girlfriend, Laverne Cotton. As a result of the decision the following month in Commonwealth v. Kwiatkowski,
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