Commonwealth v. Moore

On April 22, 1982, the four defendants were indicted for alleged offenses, including possession of heroin with intent to distribute it, illegal possession of firearms, and conspiracy. On May 11, 1982, they were arraigned. After an extended period of somewhat complicated pretrial proceedings and continuances, a Superior Court judge (Motion Judge No. 2) “with judicial reluctance” (in view of the serious crimes charged) allowed a second group of motions to dismiss the indictments for violation of the defendants’ right to a speedy trial. Mass.R.Crim.P. 36, 378 Mass. 909 (1979), hereafter referred…