Commonwealth v. Burston

The Commonwealth appeals from a Superior Court judge’s allowance of the defendants’ joint motion to suppress evidence. The judge granted the motion by reason of the Commonwealth’s lack of preparedness and inability to proceed at the suppression hearing. The Commonwealth contends that the judge’s allowance of the motion, without a hearing, constituted an abuse of discretion. For the following reasons, we affirm.

Background. In April and May of 2007, the defendants, Kayshawn Burston and Michelle Lafleur, were indicted and arraigned on charges of distribution of cocaine.2 Lafleur filed a motion,…