In response to the judge's order, on May 1, 2003, the Commonwealth filed a bill of particulars which, among other things, stated that the alleged sexual assaults were continuing episodes beginning "a few days to a week after J. The prosecutor requested a stay of the order so that an interlocutory appeal could be taken to a single justice of this court. Although not requiring the precise date of each incident, the judge ordered that the Commonwealth give an approximate date for each count in the complaint (within four or five days of each incident). ![]() The Commonwealth argued that, given the circumstances, the defendant's request was "unreasonable." The judge, however, expressed qualms about the prosecutor's position and indicated that the fourteen year old complainant should be able to recall traumatic events with more specificity. ![]() At the hearing, the defendant stressed the importance of having as much knowledge and information about the events in question so that he could explore whatever defenses might be available to him. His motion also included the possibility of his raising an alibi defense. In his motion, the defendant requested, among other things, that the Commonwealth specify the precise dates upon which the alleged offenses took place. On April 2, 2003, the judge held a hearing on the defendant's motion for a bill of particulars pursuant to Mass.R.Crim.P.ġ3(b)(1), 378 Mass. No exact dates or times of the offenses were contained in the Commonwealth's complaint, which stated that the offenses occurred on "diverse" dates "on or about" July 15, 2002, through October 15, 2002. A Lawrence District Court complaint, issued on November 26, 2002, charged the defendant with three counts of indecent assault and battery on a person fourteen years of age or older in violation of G. Massing, Assistant District Attorney, for the Commonwealth.Ĭonrad John Bletzer, Jr. ĬOMPLAINT received and sworn to in the Lawrence Division of the District Court Department on November 26, 2002.Ī motion to dismiss was heard by Michael T. Unanimity at the trial of a criminal complaint charging theĭefendant with indecent assault and battery on a personįourteen years of age or older. Sufficient to give the defendant reasonable knowledge of theĬrime with which he was charged, and therefore, a DistrictĬourt judge exceeded his discretion in dismissing theĭiscussion of the necessity of a jury instruction on specific Particulars, Dismissal, Instructions to jury.Ī criminal complaint, when read with a bill of particulars, was ![]() 624 DecemEssex County Present: GREENBERG, LAURENCE, & COHEN, JJ.
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