COMMONWEALTH v. MASON

SJC-10282.

453 Mass. 873 (2009)

COMMONWEALTH v. FRANCIS V. MASON.

Supreme Judicial Court of Massachusetts, Hampden.

May 21, 2009.


Attorney(s) appearing for the Case

Michele A. Rooke for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


IRELAND, J.

The Commonwealth appeals from the allowance by a District Court judge of the defendant's pretrial motion to dismiss criminal charges on the basis of egregious, deliberate, and intentional, but nonprejudicial, police misconduct. We conclude that dismissal was not proper in the circumstances of this case, where lesser sanctions were available, and we vacate the dismissal and remand the matter to the District Court for further proceedings.

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