Commonwealth v. Aspen

BACKGROUND

All of the following information is taken from the Commonwealth’s presentation to the Grand Jury on May 7, 2003.

The defendant, Richard Aspen, asks this court to dismiss the two indictments against him pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982). The defendant argues that the Commonwealth provided insufficient evidence to the Grand Jury for these two indictments to have issued. The first indictment charges criminal contempt in that the defendant knowingly and intentionally, while having the ability, failed to comply with an outstanding order of the court found in the…