Commonwealth v. Cruz

Whitehead, Howard J., J.

Introduction

The defendant stands charged with the crime of wilfully misleading a criminal investigator. He has moved to dismiss the indictment on the ground that the statute on which it is based is unconstitutional. The Court conducted a hearing on the motion on July 27, 2011. For the reasons stated below, the motion is denied.

The Factual Allegations

The allegations that underlie the indictment are as follows. On July 12, 2009, the defendant, his brother Erais Cruz, and two other men were on board a power boat in the Merrimack River when it collided with another boat on…