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COMMONWEALTH v. GEORGE W. PRESCOTT PUBLISHING COMPANY, LLC

SJC-11062.

463 Mass. 258 (2012)

COMMONWEALTH & another v. GEORGE W. PRESCOTT PUBLISHING COMPANY, LLC, & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 2012.

Attorney(s) appearing for the Case

Andrew DiCarlo Berman , Special Assistant District Attorney, for the Commonwealth.

Peter F. Carr, II ( Charlotte L. Bednar with him) for William O'Connell.

Michael J. Grygiel , of New York ( Zachary C. Kleinsasser with him) for George W. Prescott Publishing Company, LLC.

Peter J. Caruso , for Massachusetts Newspaper Publishers Association & others, amici curiae, submitted a brief.

Martha Coakley , Attorney General, & Argie K. Shapiro , Assistant Attorney General, for Attorney General, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

The Commonwealth and William O'Connell (collectively, petitioners) filed a petition in the county court, pursuant to G. L. c. 211, § 3, seeking relief from a District Court judge's order releasing from impoundment a redacted version of a search warrant affidavit. The affidavit contains a recitation of allegations made against O'Connell, a prominent Massachusetts real estate developer, that are now the subject of criminal charges of, among other things...

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