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Appeals court hears challenge to dismissal after absent police witnesses in Commonwealth v. LaSalle
Summary
The Commonwealth urged the appeals panel to reverse a district-court dismissal without prejudice after police witnesses failed to appear; the defense urged affirmance, saying the judge reasonably weighed alternatives and that summonses had been issued. Both sides disputed available remedies including continuance and capias orders.
The Commonwealth asked the appeals court to reverse a district-court judge’s dismissal without prejudice of a criminal complaint in Commonwealth v. Eric LaSalle, arguing the judge abused her discretion despite the Commonwealth having answered "ready" for trial and having summoned witnesses, including police officers. "The Commonwealth respectfully requests that the court reverse the order of dismissal without prejudice in this case," attorney Katherine Jansen told the panel.
Defense counsel Jose Moncada responded that the trial judge acted within the broad…
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