Commonwealth v. Heiser

The defendants were charged in complaints in the District Court alleging violations of G. L. c. 94C, §§32 (subsequent offense), 34, 40. On the day scheduled for trial, the cases were dismissed by the judge. The Commonwealth then obtained new complaints in the same court. At the outset of a proceeding based on the new complaints, the judge recalled he previously had dismissed the cases “because the police didn’t show up for trial,” and stated, “I dismissed the case[s] on the day of trial because the Government chose not to proceed [with] trial and the defendants] were here ready for trial.” He…