![mass criminal motion to dismiss mass criminal motion to dismiss](https://www.pdffiller.com/preview/100/276/100276762/large.png)
![mass criminal motion to dismiss mass criminal motion to dismiss](https://attorneydocs.com/wp-content/uploadspreviews/b56996671acd286ddf11641aa3e06eb7-791x1024.jpeg)
After a nonevidentiary hearing, the motion judge concluded that the application established probable cause for threats but not for intimidation of a witness. Following his arraignment, the defendant moved to dismiss the complaint against him, asserting that the complaint failed to set forth probable cause. On July 21, 2011, a complaint issued for intimidation of a witness. The Boston Municipal Courthouse, Central Division, after he had been found guilty of Open and Gross Lewdness and Lascivious Behavior, but before had sentenced him in the case." "On June 22, 2011, at approximately 4:50pm, leaned behind his attorney, looked in the direction of and stated, 'I'll see you on the street.' made this statement in Courtroom 19 at The application for the complaint against the defendant alleged as follows:
![mass criminal motion to dismiss mass criminal motion to dismiss](https://img.yumpu.com/36821038/1/500x640/motion-to-dismiss.jpg)
For the reasons that follow, we reverse.ġ. The Commonwealth appeals from an order of a Boston Municipal Court judge allowing the defendant's motion to dismiss a criminal complaint charging him with intimidation of a witness. DeMore, Assistant District Attorney, for the Commonwealth. ĬOMPLAINT received and sworn to in the Central Division of the Boston Municipal Court Department on July 21, 2011.Ī motion to dismiss was heard by Franco J. Practice, Criminal, Complaint,Ī Boston Municipal Court judge erred in allowing the criminal defendant's motion to dismiss a complaint charging him with intimidation of a witness, where the application for a complaint gave the issuing magistrate probable cause to believe that the defendant's acts (i.e., threatening the victim immediately after he had been found guilty of exposing himself to her, and before sentencing, when she would have the opportunity to make her victim impact statement to the trial judge), viewed in context, supported issuance of a complaint on that charge. 61 NovemJanuCourt Below: Boston Municipal Court, Central Division Present: GRASSO, VUONO, & MILKEY, JJ.