The Commonwealth filed a motion to impound the criminal complaint and related documents, which the judge allowed. 272, § 53A and trafficking in cocaine, G.L. 265, § 23A engaging in sexual conduct for a fee, G.L. Two days later, a criminal complaint issued in the District Court charging O'Connell with aggravated statutory rape, G.L. The judge indicated also that he would, sua sponte, review the impoundment order on June 1, and that the Commonwealth would bear the burden of “re-applying” for impoundment at that time. After a hearing, the judge determined that good cause existed for continued impoundment, and denied Prescott's motion. Consistent with our common law, that statute provides that search warrant materials are presumptively public after the return has been filed. At the same time, Prescott filed an emergency motion to terminate the impoundment order, citing G.L. On April 27, Prescott, publisher of the Patriot Ledger newspaper, filed a civil complaint in the District Court against the “Clerk–Magistrate of the Quincy District Court,” the District Attorney for the Norfolk district, and O'Connell, seeking to terminate impoundment of the search warrant materials (civil case). That motion was allowed “for six months, until 5, 2011.” The Commonwealth asserted that the investigation of O'Connell was ongoing, that it was the “clear public policy” of the Commonwealth to protect the identity of child sexual assault victims, and that the search warrant materials “should be held confidential” pursuant to G.L. On April 5, 2011, after the search warrant had been executed and the return of service filed in the District Court, the Commonwealth moved to impound all materials filed in connection with the search warrant, including the warrant application, Prince's affidavit, and the warrant return. Prince's affidavit in support of the warrant application included the minor complainant's name and other identifying information, and an extensive recitation of statements made to police by the complainant and others regarding O'Connell's alleged criminal conduct. On March 31, 2011, State Trooper Kathleen Prince obtained a warrant to search O'Connell's condominium unit in Quincy. In March, 2011, the State police investigated allegations that O'Connell had engaged in sexual intercourse with a minor. 41, § 97D, does not apply to search warrant affidavits, and that the judge did not err in vacating the order of impoundment. The single justice reserved and reported the matter to this court.
#Gl c 41 s 97d trial#
They argued also that disclosure would unduly prejudice O'Connell, in violation of his right to a fair trial under the Sixth Amendment to the United States Constitution. 211, § 3, petition contending that the judge erred in vacating the order of impoundment because the affidavit contains “reports of rape” that are barred from disclosure pursuant to G.L. After several hearings, the District Court judge vacated his earlier order impounding the affidavit, but further ordered that the complainant's name and other identifying information be redacted from the affidavit before it was made available to the public. Prescott Publishing Company, LLC (Prescott), which had been permitted to intervene in the criminal proceedings in the District Court, sought access to the impounded affidavit on the grounds that the document was presumptively public, and that no good cause existed for continued impoundment. On the Commonwealth's motion, the affidavit was impounded shortly after police executed and returned the warrant. 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, statutory rape. 2l1, § 3, seeking relief from a District Court judge's order releasing from impoundment a redacted version of a search warrant affidavit. The Commonwealth and William O'Connell (collectively, petitioners) filed a petition in the county court, pursuant to G.L.
Shapiro, Assistant Attorney General, for Attorney General, amicus curiae, submitted a brief. Martha Coakley, Attorney General, & Argie K. Caruso, for Massachusetts Newspaper Publishers Association & others, amici curiae, submitted a brief. Present: Ireland, C.J., Spina, Botsford, Gants, Duffly, & Lenk, JJ.Īndrew DiCarlo Berman, Special Assistant District Attorney, for the Commonwealth. PRESCOTT PUBLISHING COMPANY, LLC, & another.2 SJC–11062. Supreme Judicial Court of Massachusetts,Suffolk.
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