Commonwealth v. Diamond

After announcing the removal of a default against a party represented by the defendant in a civil action, a Superior Court judge saw the defendant lean toward opposing counsel, and heard the word “ass” spoken. Opposing counsel rose to ask the judge whether he had heard what the defendant had said. Responding to the judge’s inquiries, the defendant claimed lack of recall but then stated that he told opposing counsel that he now would “get discovery up the ying-yang.” Pressed further, the defendant reluctantly admitted that he had used the word “ass.” The judge stated that he considered such…