Commonwealth v. Lauria

Lauria, Long and Joyce, charged with aggravated rape,2 were not brought to trial within a year of their arraignments and, therefore, are presumptively entitled to dismissal óf those charges in accordance with Mass.R.Crim.P. 36(b)(1), 378 Mass. 909 (1979), unless the Commonwealth justifies the delay. See Barry v. Commonwealth, 390 Mass. 285, 291-294 (1983); Commonwealth v. Campbell, 401 Mass. 698, 702 (1988). By agreement, the government and the defendants stopped the running of time under rule 36 as of September 28, 1989, thus, setting the stage for motions to dismiss under the rule by the…