Commonwealth v. Ellis

On March 13,1998, this matter was before the Court for hearing on the motion of defendant James N. Ellis, Jr. (“defendant") to Dismiss, to Disqualify Prosecuting Counsel, and for Other Appropriate Relief.3 In support of his motion, the defendant argues that the forty-two indictments returned against him were obtained in violation of his right to a disinterested prosecutor, as guaranteed by the Due Process Clause of the Fourteenth Amendment, Articles 5, 6, 7, and 12 of the Massachusetts Declaration of Rights, and G.L.c. 12, §30. Specifically, the defendant argues that the legislative scheme…