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Court Case Record GEORGE SOUZA vs. COMMONWEALTH 2013-J-0234 UID(1073)


GEORGE SOUZA vs. COMMONWEALTH Court Case Record

Court Case Number: 2013-J-0234


 
Case Number2013-J-0234
Case TitleGEORGE SOUZA vs. COMMONWEALTH
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date06/14/2013
Close Date06/18/2013

Parties

CounselNameType
Michael A. Nam-Krane, Esquire Sondra H. Schmidt, EsquireGeorge SouzaPlaintiff/Respondent
Mary P. Murray, EsquireCommonwealthDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
06/14/2013 #1 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Commonwealth. ^
06/17/2013 #2 Opposition to Motion to Stay, filed by George Souza. ^
06/17/2013 #3 Motion to clarify fact in opposition, filed by George Souza. ^
06/18/2013 #4 ORDER: I have before me a petition of the Commonwealth seeking a stay pending appeal of a judgment finding respondent not to be a sexually dangerous person, and reversal of the trial judge's order allowing the respondent's release on conditions pending appeal, including GPS monitoring. The scope of my authority to reverse the order of the motion judge and issue such a stay in this circumstance is limited. The motion judge, who was the trial judge, has heard all the evidence, expert and otherwise, in this case. In the ruling I have under review, she determined based on evidence she heard at trial, as well as the submissions of the parties, that release with conditions that she imposed, including GPS monitoring, was sufficient to address any risk of flight, and that the respondent did not present a danger warranting a stay of his release pending appeal. In light of these findings, it cannot be said that it was an abuse of discretion for the judge to allow release with conditions pending appeal, rather than staying his judgment pending appeal. Given the seriousness of the Commonwealth's concerns, however, I will stay the order allowing the respondent's release for ten days to allow the Commonwealth to seek relief from the single justice of the Supreme Judicial Court. (Rubin, J.) *Notice/Attest/Kottmyer, J.
06/20/2013 #5 Affidavit of Sondra H. Schmidt, received from Sondra H. Schmidt. ^