ABINEL ZENON vs. COMMONWEALTH
Supreme Judicial Court of Massachusetts
February 4, 2016
473 Mass. 1023
Superintendence of inferior courts.
Abinel Zenon appeals from a judgment of a single justice of this court denying his petition for relief from a protective order issued by a judge in the District Court. Zenon was charged with assault and battery and other offenses. He sought certain third-party records in support of his claim that the alleged victim was in fact the first aggressor. See Commonwealth v. Adjutant, 443 Mass. 649 (2005). The judge issued the protective order concerning these records, apparently following the Dwyer protocol. Commonwealth v. Dwyer, 448 Mass. 122, 139-147 (2006). See id. at 147-150 (Appendix). Zenon filed various motions in the District Court for relief from the protective order; these motions were only partially successful. Zenon‘s petition followed. Treating the petition as one filed pursuant to
Zenon has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires a petitioner seeking relief from an interlocutory ruling of the trial court to “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” Passing the question whether the rule applies here, where the criminal case was
Judgment affirmed.
The case was submitted on the papers filed, accompanied by a memorandum of law.
Dana Goldblatt for the petitioner.