Afrasiabi v. Commonwealth

The petitioner, Kaveh Afrasiabi, is the defendant in a criminal case in the Cambridge Division of the District Court Department in which he is charged with a single count of criminal harassment in violation of G. L. c. 265, § 43A (a). He filed a motion to dismiss the complaint, alleging, among other things, that the clerk-magistrate heard and considered perjured testimony at the show cause hearing and issued the complaint on that basis. A judge in the District Court denied the motion. The petitioner then filed a pleading in the county court seeking relief pursuant to G. L. c. 211, § 3, which…