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SCIONE v. COMMONWEALTH

SJC-12536, SJC-12540.

481 Mass. 225 (2019)

WILLIAM SCIONE v. COMMONWEALTH. COMMONWEALTH v. DAVID W. BARNES.

Supreme Judicial Court of Massachusetts, Suffolk.

January 15, 2019.

Attorney(s) appearing for the Case

Steven Van Dyke , Committee for Public Counsel Services, ( Patrick Levin , Committee for Public Counsel Services, also present) for William Scione.

Christopher B. Coughlin ( Alexander C. Conley also present) for David W. Barnes.

Catherine Langevin Semel & Marina Moriarty , Assistant District Attorneys, for the Commonwealth.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, & CYPHER, JJ.

Here we are called upon to determine whether G. L. c. 276, § 58A (§ 58A), the pretrial detention statute, may be applied to David W. Barnes and William Scione, charged with violating G. L. c. 265, § 23A (§ 23A) (rape of child aggravated by age difference, i.e., statutory rape), and G. L. c. 266, § 102A (§ 102A...

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