Commonwealth v. Pond
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The Supreme Judicial Court affirmed the order of a single justice of the court denying the Commonwealth's petition asking that the single justice reverse a superior court judge's order granting Defendant limited access to the alleged victim's apartment in order to prepare for trial, holding that there was no error.
Defendant was charged with attempted murder and other crimes stemming from allegations that he strangled and beat the alleged victim in their shared apartment. After Defendant was provided with preliminary discovery including photographs of the alleged victim's apartment Defendant moved for access to the crime scene for defense counsel to capture additional details. The superior court judge allowed the motion, but the alleged victim denied access to certain rooms. Thereafter, the motion judge granted Defendant access to all rooms of the apartment under certain conditions. The Commonwealth then filed a petition under Mass. Gen. Laws ch. 211, 3 seeking reversal of the grant of Defendant's second motion. The single justice denied the petition. The Supreme Judicial Court affirmed, holding that there was no abuse of discretion or error of law in the denial of the Commonwealth's petition.
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