COMMONWEALTH v. WELCH (2021)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The defendant was indicted as a youthful offender for five crimes, including rape of a child by force resulting in serious bodily injury. G. L. c. 265, § 22B.² Following his January 27, 2020 arraignment on the youthful offender charges, a Juvenile Court judge ordered him detained on dangerousness grounds, pursuant to G. L. c. 276, § 58A. However, the defendant subsequently was released from pretrial detention due to trial delays associated with the ongoing COVID-19 pandemic. The Commonwealth filed a petition pursuant to G. L. c. 211, § 3, seeking review of that order, and the Supreme Judicial Court transferred that petition to a single justice of this court on December 4, 2020, in accordance with the Supreme Judicial Court's June 3, 2020 “Standing Order Regarding Transfer of Certain Single Justice Matters During the COVID-19 Pandemic.”

On January 29, 2021, the single justice vacated the order of release and ordered the defendant held pursuant to G. L. c. 276, § 58A. She explained her reasoning in a thoughtful and comprehensive sixteen-page memorandum and order. Before us now is the defendant's appeal from the single justice's order.

“Where a single justice has exercised his or her discretion, pursuant to G. L. c. 211, § 3, and granted relief under the statute, we will not disturb the judgment absent an abuse of discretion or clear error of law.” Commonwealth v. Narea, 454 Mass. 1003, 1004 (2009). Having reviewed the single justice's memorandum and order, and the parties’ respective arguments (as set forth in their filings before the single justice), we discern no abuse of discretion or other clear error of law in the single justice's ruling. We therefore affirm her order.

So ordered.

Affirmed.

FOOTNOTES

2.   The other crimes were: assault with intent to commit rape of a child, to wit, penile-vaginal rape, in violation of G. L. c. 265, § 24B; assault with intent to commit rape of a child, to wit, penile-oral rape, in violation of G. L. c. 265, § 24B; extortion by threat of injury, in violation of G. L. c. 265, § 25; and witness intimidation, in violation of G. L. c. 268, § 13B.