Commonwealth v. Kerrigan

Lu, John T., J.

INTRODUCTION

The defendant, Mark Kerrigan (Mr. Kerrigan), is charged with manslaughter and assault and battery on an elderly or disabled person causing serious injury. G.L.c. 265, §13; G.L.c. 265, §13K(c). Mr. Kerrigan now moves to dismiss the manslaughter indictment claiming that the grand jury did not hear sufficient evidence to establish probable cause to indict and that the integrity of the grand jury was impaired. See Commonwealth v. O’Dell, 392 Mass. 445, 447 (1984); Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982).

Because the court concludes that the grand jury heard…