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COMMONWEALTH v. KERNS

449 Mass. 641 (2007)

COMMONWEALTH v. TOBIN V. KERNS.

Supreme Judicial Court of Massachusetts, Suffolk.

August 9, 2007.

Attorney(s) appearing for the Case

Gail M. McKenna, Assistant District Attorney (John McLaughlin, Assistant District Attorney, with her) for the Commonwealth.

William McElligott for the defendant.

William R. Keating, District Attorney for the Norfolk District, & Tracey A. Cusick, Assistant District Attorney, for District Attorney for the Norfolk District, amicus curiae, submitted a brief.

Daniel F. Conley, District Attorney for the Suffolk District, & John P. Zanini & Kristin Lomard O'Donnell, Assistant District Attorneys, for the District Attorney for the Suffolk District & others, amici curiae, submitted a brief.

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

GREANEY, J.

The defendant, indicted as a youthful offender, is on trial before a judge in the Brockton Division of the Juvenile Court Department, sitting without a jury, on charges of threatening to use deadly weapons, G. L. c. 269, § 14 (b); and conspiracy to commit mass murder, G. L. c. 274, § 7.1 The charges arose out of allegations that the defendant, and others, planned to execute a terrorist-type attack on students...

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