Commonwealth v. Suave

After a jury-waived trial on the Commonwealth’s petition for commitment under G. L. c. 123A, §§ 12-16, a judge in the Superior Court concluded that as applied to this defendant, whose victims both historically and predictably are limited to adult women to whom he would expose himself, sometimes while masturbating, the statute could not be construed constitutionally to support a determination that would result in the defendant’s commitment as a sexually dangerous person. The *583Commonwealth appealed and sought a stay of the defendant’s release pending appeal. A stay was granted by a single…