BOSTON…October 14, 2022. One day before trial was to begin in Suffolk County Superior Court in the case of a MBTA Transit Police Department Sergeant charged with Accessory After the Fact (to a felony) and Filing False Reports (Public Employee), the District Attorney’s Office dismissed all pending indictments based on new evidence, the discovery of which prompted the DA to conclude [as a result of the newly discovered evidence] that “…the Commonwealth cannot prove beyond a reasonable doubt the defendant acted with intent to necessary to sustain these charges” . In response, Boston-based Trial Attorney and Managing Partner Brad Bailey, of Brad Bailey PC, applauded the DA “for disclosing to the defense, as per the requirements set forth in the United States Supreme Court’s ruling in Brady v. Maryland, material that clearly constituted exculpatory evidence” and for also “taking into account the true interests of justice and fundamental fairness in dismissing all pending charges prior to the start of trial.” Last week, Bailey, who defended the case along with Brad Bailey Law Senior Litigation Associate Adamo Lanza, argued to the presiding judge that the case likely would not have survived the 3.5 yrs. since the defendant’s indictment had the newly disclosed evidence been known to the defense at the start of the case. Bailey noted that the defense made several prior requests pertaining to the “existence of such evidence” which his team suspected but could not verify “until now” was “out there”. Bailey went on to say, “the substance of the newly discovered exculpatory evidence was both consistent, and in direct line, with the defense we were planning to pursue on behalf of our client had the trial proceeded as scheduled”. He also stated, “this a great day for our client and his family, who finally got the justice he’s long-been-due, as well as the restoration of his good name and sterling reputation”. The defendant, who was a 16 yrs. veteran of the MBTA TPD and had been facing up to seven (7) years in State Prison if convicted, has been suspended without pay since his March 2019 indictment.
If you are under investigation, arrested, indicted or charged with a crime in the greater Boston area, contact Brad Bailey Law today at (617) 500-0252 to schedule a consultation to start building your defense.