Commonwealth v. Healy

This case presents another example of the problems created when judges conduct a suppression hearing and a trial *511simultaneously, see Commonwealth v. Love, ante 498 (2008), a practice the appellate courts have discouraged. See Commonwealth v. Powell, 72 Mass. App. Ct. 22, 27-29 (2008). A District Court judge, after holding a hearing on the defendant’s motion to suppress in the same proceeding as the defendant’s jury-waived trial, found the defendant guilty of negligent operation of a motor vehicle (operating to endanger).1 In an unpublished memorandum and order pursuant to its rule 1:28, the…