981 N.E.2d 200
Mass. App. Ct.2013Background
- Defendant was charged by complaint with intimidation of a witness after a threat spoken in court; the threat followed a guilty finding but before sentencing.
- The complaint alleged that on June 22, 2011, the defendant leaned behind his attorney, stated, “I’ll see you on the street,” and the statement was made in Courtroom 19.
- Arraignment occurred on July 21, 2011, after which the defendant moved to dismiss for lack of probable cause.
- The motion judge found probable cause for the threats but not for intimidation of a witness, and dismissed the complaint.
- The Commonwealth appealed, arguing the application established probable cause for intimidation; the issue is whether the complaint itself contained sufficient evidence to justify issuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint established probable cause to believe intimidation occurred | Commonwealth: yes; the time, place, and circumstances implied intent to interfere | Grasso: no; lacked sufficient intent showing obstruction of the proceeding | Probable cause existed; the complaint adequately showed intent given context |
| Whether a four-corners review governs a lack of probable cause without an evidentiary hearing | Commonwealth: proper four-corners approach suffices | Grasso: must consider evidentiary hearing or broader inquiry | Four-corners review appropriate; dismissal error should be reversed |
Key Cases Cited
- Commonwealth v. Gallant, 453 Mass. 535 (Mass. 2009) (probable cause standard for 3(g)(2) is comparable to grand jury standard; not required to prove every element at complaint stage)
- Commonwealth v. McCarthy, 385 Mass. 160 (Mass. 1982) (probable cause and arrest identity sufficiency; four-corners approach in complaints)
- Commonwealth v. O’Dell, 392 Mass. 445 (Mass. 1984) (proof standard for probable cause and required information to arrest)
- Commonwealth v. Black, 403 Mass. 675 (Mass. 1989) (four-corners rule for complaint dismissal)
- Commonwealth v. DiBennadetto, 436 Mass. 310 (Mass. 2002) (authority on dismissal standards for complaints)
- Commonwealth v. Lester L., 445 Mass. 250 (Mass. 2005) (probable cause standard under 3(g)(2) guidance)
- Commonwealth v. McCreary, 45 Mass. App. Ct. 797 (Mass. App. Ct. 1998) (intent inferred from context; circumstantial proof common in motive)