Commonwealth v. Bura Phan

The Commonwealth has now filed its third motion to continue trial of this case. The sole basis for this motion is that a key witness, who is a Lowell police officer, is still on paid injury leave because she suffered a broken nose a month or more ago. The Commonwealth has presented no evidence, nor even made an offer of proof, that the officer is unable to testify due to her prior injury or that she is unavailable for any other reason. The Court finds that the Commonwealth has not established that there is good cause to further delay trial of this case or that a further continuance would be…