Court Case Record COMMONWEALTH vs. SANTOS PORTILLO 2013-P-1745


Court Case Number: 2013-P-1745

Case Number2013-P-1745
Case TypeCriminal
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date10/07/2011
Close Date06/29/2015


John P. Zanini, A.D.A. Withdrawn Helle Sachse, A.D.A.CommonwealthPlaintiff/Appellee
Theodore F. Riordan, EsquireSantos PortilloDefendant/Appellant
Entry Date Paper Entry Text
11/07/2013 #1 Transcripts received: 19 Vols on 5 CD's ^ 2/14/2012, 5/15/2012, 1/3/2013, 1/4/2013, 1/7/2013, 1/8/2013, 1/9/2013, 1/10/2013, 1/11/2013, 1/14/2013, 1/15/2013, 1/16/2013, 1/17/2013, 1/18/2013, 1/22/2013, 1/23/2013, 1/24/2013, 1/25/2013, 1/30/2013 in Clerk's envelope.
11/07/2013 #2 Entered.
11/07/2013 #3 Notice of entry sent.
12/17/2013 #4 Docketing Statement received from Santos Portillo^
12/17/2013 #5 IMPOUNDMENT NOTE: A non-disclosure order entered on February 14, 2012 (Locke, J.) which prohibited defense counsel from providing some of the Commonwealth's discovery to the defendant until shortly before trial. As counsel understands it, that order has since expired (see docketing statement).
12/18/2013 #6 MOTION to extend brief & appendix due date, filed by Santos Portillo
12/19/2013 #7 RE#4: Allowed to 04/17/2014. No further enlargement to be anticipated. Notice sent.
03/27/2014 #8 Motion for funds for interpreter, filed by Santos Portillo.
04/11/2014 #9 RE#5: The defendant's motion for funds for interpreter is denied. Appellant is not entitled to have appellate briefs, motions, letters, indictments or other court records translated into his primary language. "Courts have determined that the failure to provide a defendant with written translations of court documents does not violate a petitioner's right to a fair trial when he is provided with an interpreter at court appearances and could effectively communicate with his attorney in private meetings." Elize v. United States, 02-CV-1350, 2008 U.S. Dist. Lexis 75868 at *22-23 (E.D.N.Y. Sept. 30, 2008), citing Sanders v. United States, 130 F.Supp.2d 447, 449 (S.D.N.Y. 2001). See also United States v. Leyba, 379 F.3d 53, 55-56 (2d. Cir. 2004) ("In light of the large number of languages spoken within our Circuit, we do not believe it appropriate to require counsel to undertake a written translation of the [defendant's] brief or other notice in a defendant's native language . . ."); United States v. Martinez, 120 F. Supp. 2d 509, 514 (W.D. Pa. 2000); Murillo v. State, 163 P.3d 238, 242 (Iowa Ct. App. 2007). (Trainor, J.). *Notice.
04/15/2014 #10 MOTION to extend brief & appendix due date, filed by Santos Portillo.
04/17/2014 #11 RE#6: See court's 04/11/2014 action on paper #5 as to the motion for funds. To the extent appellant seeks an enlargement of time for purposes of consulting with appellant it is allowed to 05/09/2014 with no further enlargement. Should the brief not be filed on or before that date, the Commonwealth may move to dismiss the appeal. Notice sent.
05/01/2014 #12 SERVICE of brief & appendix for Defendant/Appellant Santos Portillo.
05/01/2014 #13 Motion for funds for interpreter, filed by Santos Portillo
05/07/2014 #14 Notice of change of counsel of John P. Zanini, A.D.A. with Helle Sachse, A.D.A.
05/12/2014 #15 RE#8: Denied. (Kantrowitz, J.). *Notice.
05/21/2014 #16 Motion to reconsider paper #8, filed by Santos Portillo.
05/27/2014 RE#10: After reconsideration, allowed in the amount of $900 in total translation costs. (Kantrowitz, J.). *Notice.
06/02/2014 MOTION to extend brief due date of Commonwealth.
06/03/2014 RE#11: Allowed to 08/29/2014. Notice sent.
08/15/2014 MOTION to extend brief due date of Commonwealth.
08/18/2014 RE#12: Allowed in part to 09/29/2014. No enlargement shall be anticipated. Notice sent.
10/22/2014 Motion for leave to file its brief late, filed by Commonwealth.