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Prosecutors file reconsideration motion for assault charges against Boston officer – Boston, Massachusetts

Boston, Massachusetts 2021-06-11 16:05:03 –


crime

The prosecution is asking the judge to reconsider the dismissal.

David L. Ryan / The Boston Globe, File

Suffolk County District Attorney Rachael Rollins’ office has asked judges to reconsider his decision to dismiss allegations of assault on Boston police officers.

The prosecutor said the indictment was dismissed based on the misrepresentation of the Supreme Court proceedings.

Boston police arrested police officer Alexis Elera Blair on Tuesday on charges of dangerous weapons and assault and battery assault after being allegedly “involved in a domestic violence involving an intimate family.” statement..

Herrera-Brea was put on leave and the Boston Police Department’s anti-corruption unit began investigating the issue, officials said.

“This alleged action is completely unacceptable to any member of the Boston Police Department and will be fully investigated,” police officer Gregory Long said in a statement. “The Boston Police Department will continue to ensure our integrity and credibility by taking all alleged domestic violence issues involving police employees seriously.”

Here’s what you need to know:

What the prosecutor said happened

Herrera-Brea appeared in the Dochester District Court late Tuesday, and his lawyer Benjamin Megrian said in a discussion last Sunday that his client knocked his relatives on the pavement. Boston Globe..

According to prosecutors, the indictment was finally dismissed after Megrian quoted the 1997 Supreme Court’s opinion.

“Unknown to the Commonwealth at the time, the defense lawyer misrepresented what the case said,” Rollins’ office said in a statement.

Specifically, in his motion, Megrian pointed out the 1997 SJC case, arguing that “under the circumstances alleged by police reports, pavement cannot be a dangerous weapon. There is. “

According to Rollins’ office, the court actually ruled against the decision, and Megrian actually referred to the previous Court of Appeals decision.

However, Judge Paul Treseller gave the prosecutor little time to consider the case after Megrian filed the motion, officials said.

“Hurry, the Commonwealth pulls up the case on their cell phones,
Massachusetts Court of Appeals ruling found pavement impossible
Dangerous weapon, but not a Supreme Court case
He later overturned the Court of Appeals, “said the prosecutor.

The prosecutor then said the prosecutor “permitted the defendant’s motion to dismiss the assault with dangerous weapons and the felony charges of the assault before the indictment.”

Only after the proceedings were filed did the prosecutor determine “misrepresentation by lawyers and the mistakes (they) made,” the statement said.

Megrian’s motion also argued that other charges of misdemeanor, in which Herrera Blair allegedly beat her brother, “should not have been filed without the hearing of the clerk.”

by GlovesThe prosecutor in court agreed that Herrera-Brea was entitled to a clerk’s hearing on that charge.

Herrera-Brea lawyer replies

In a statement to the newspaper Wednesday, Megrian said it was “dishonest” to say that Rollins’ office misleaded someone.

“If the District Attorneys ask for time to consider the Supreme Court proceedings to which they are directed, if the court grants that time, and then agrees that the prosecution was erroneously filed Their proposal is dishonest. They were either fooled by lawyers or not given a fair trial by the court, “Megrian said.

What will happen next

On Wednesday, Rollins’ office filed a motion to reconsider the dismissed felony charges.

In their statement, prosecutors believed that they “have support for the prosecution,” and instead said they were ready to “seek a new criminal accusation for this crime.”

“We have every intention to pursue criminal accusations in connection.
In this allegation of domestic violence, “Rollins said in a statement. “In this case, the legal standards proposed by the defense counsel were overturned and we did not catch his error. In addition, the court considered the motion to dismiss and the case cited. I wasn’t given enough time. This was an unfortunate failure that I immediately noticed and fixed before any external inquiries. “

by Gloves, Herrera-Brea has been on probation since the fall after being arrested on charges of domestic violence in April 2020.

A spokesperson for one department said the newspaper Herrera-Brea was in management at the station and was arrested and not allowed to carry a gun.

“Official Herra-Brea was under probation for violence when allegedly committed this new violence,” said Rollins. “It’s an unacceptable act by law enforcement members. I’m taking immediate steps to resolve this issue and I’m ready to assist the Probation Office with respect to the explicit probation breach of Officer Herrara-Brea. . “



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