Finn v. Commonwealth
Finn v. Commonwealth
Opinion
**817 *605 In this case, we consider whether G. L. c. 276, § 58A, allows the Commonwealth to seek a dangerousness hearing when a defendant appears before a Superior Court judge for arraignment pursuant to a postindictment summons, rather than an arrest warrant. We conclude that the language of the statute permits a Superior Court judge to conduct a dangerousness hearing upon a defendant's first appearance in that court, regardless of whether that appearance is pursuant to a summons or to an arrest warrant. 1
1. Background . In December of 2017, the defendant was arrested and charged by criminal complaint in the District Court **818 with one count of indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B ; one count of open and gross lewdness, G. L. c. 272, § 16 ; and three counts of dissemination of obscene material to a minor, G. L. c. 272, § 28. The offense involved allegations concerning three children (two of whom were related) who lived in the defendant's apartment building. At arraignment, the Commonwealth moved for pretrial detention pursuant to G. L. c. 276, § 58A. After an evidentiary hearing, a District Court judge ordered that the defendant be held without bail. The judge then allowed the defendant's motion for reconsideration, and ordered that the defendant could be released with conditions, including global positioning system monitoring, a "no contact" order with the alleged victims and the witnesses, and a prohibition on alcohol and drug use. The defendant was released under these conditions in January 2018.
Approximately three weeks later, in February 2018, a grand jury indicted the defendant on three counts of indecent assault and battery on a child under the age of fourteen, and two counts of disseminating obscene material to a minor, for the same events underlying the December 2017 complaint. The prosecutor arranged with defense counsel to schedule the defendant's arraignment in the Superior Court; no new arrest warrant was issued. The defendant complied with a summons, and was arraigned in March 2018. At arraignment, the Commonwealth moved for pretrial detention pursuant to G. L. c. 276, § 58A. The defendant opposed the motion on the ground that the Commonwealth lacked the right to seek a dangerousness hearing in the Superior Court because the defendant had not been " 'subject to arrest' or 'held under arrest' when he appeared for his arraignment, pursuant to [a] summons."
In a written memorandum of decision, a Superior Court judge allowed the motion for pretrial detention, without prejudice. 2
*606
The
**819
judge concluded that this court's interpretation of G. L. c. 276, § 58A, as set forth in
Commonwealth
v.
Diggs
,
2.
Discussion
. We confine our review to the legal question before us: the defendant's argument that the Commonwealth lacked authority to move to detain him pursuant to G. L. c. 276, § 58A, because he was not "under arrest" or subject to arrest within the meaning of the statute when he appeared in the Superior Court pursuant to a summons.
4
See
Commonwealth
v.
Giang
,
We interpret a statute "according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be
**820
remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated."
O'Brien
v.
Director of the Div. of Employment Sec.
,
The primary purpose of G. L. c. 276, § 58A, is to "protect[ ] the public from the potential harm posed by persons who have been arrested or are subject to arrest, who have been found to be dangerous."
Diggs
,
As relevant here, G. L. c. 276, § 58A (4), provides in pertinent part:
"When a person is held under arrest for an offense listed in subsection (1) and upon a motion by the [C]ommonwealth, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community."
In
Diggs
,
The defendant nonetheless argues that the Superior Court judge lacked authority to detain him under G. L. c. 276, § 58A. The **821 defendant maintains that he "was not 'held under arrest' -- as the terms of the 'dangerousness' statute requires -- or subject to arrest -- as interpreted by Diggs -- when he first appeared ... in the ... [S]uperior [C]ourt, notwithstanding that he was previously arrested and arraigned in the ... [D]istrict [C]ourt." We do not agree.
The defendant would require the Commonwealth to rearrest any individual who previously had been released on conditions after a dangerousness hearing in the District Court, or released under G. L. c. 276, § 58, should the Commonwealth seek a dangerousness hearing following an indictment and subsequent arraignment in the Superior Court. This argument is unavailing and would produce illogical results. It also is inconsistent with our existing precedent. See
Commonwealth
v.
Murchison
,
Moreover, subjecting a defendant to arrest is more disruptive to that defendant than is a mutual agreement to appear in court pursuant to a summons. The defendant's reading would result in increased arrests, and unnecessary use of Commonwealth and court resources, where an arrest may be unnecessary. We discern "nothing in the history or purpose of the statute that justifies such an extreme and excessive result."
Peterson
,
When a defendant is indicted, regardless of whether the indictment was preceded by a criminal complaint, that defendant is subject to the possibility of arrest on those charges if a court determines that the defendant is unlikely to "appear upon a summons alone." See Reporters' Notes to Rule 6, Mass. Ann. Laws Court Rules, Rules of Criminal Procedure, at 1504 (LexisNexis
**822
2018).
5
As the Commonwealth acknowledged at argument before us, however, requesting a defendant's presence in court through a summons is far preferable to arresting the defendant. See
Given that G. L. c. 276, § 58A, is intended primarily to protect the public, see
Diggs
,
The matter is remanded to the county court for entry of an order denying the defendant's petition for interlocutory relief pursuant to G. L. c. 211, § 3.
So ordered .
We acknowledge the amicus letter submitted by the Committee for Public Counsel Services.
The judge sufficiently explained his reasoning, the options he considered, and how he reached his conclusion. See G. L. c. 276, § 58A (5) (in determining "whether there are conditions of release that will reasonably assure the safety of any other individual or the community," judge "shall ... take into account the nature and seriousness of the danger posed to any person or the community that would result by the person's release, the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, employment record and history of mental illness, his reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, his record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse ... or violation of a temporary or permanent [restraining] order ..., whether the person has any history of [protective] orders issued against him [or her] ..., [and] whether he [or she] is on probation, parole or other release pending completion of sentence ...").
The judge determined that because the defendant could not identify a "suitable residence and custodian," the defendant would need to reside at a place of public accommodation; the judge then concluded that "[i]f children in a large apartment building were at risk, as this court has found probable cause to believe, children in an unsupervised place of public accommodation would also be at risk." Nonetheless, the defendant "remain[ed] free to make a more significant presentation of a proffered custodian and residence."
We note that this opinion likely will be released after the completion of the defendant's trial, meaning that the case will become moot. Nonetheless, we address this issue because it is "of recurring importance to the administration of justice in the Commonwealth," and likely to evade review. See
Commonwealth
v.
Lester L.
,
We note that the defendant in this case was indicted on two charges (involving the same conduct) for which no complaint had been filed in the District Court. Accordingly, his appearance in the Superior Court pursuant to a summons was in fact his first appearance in any court with respect to two of the charges against him.
Reference
- Full Case Name
- James FINN v. COMMONWEALTH.
- Cited By
- 2 cases
- Status
- Published