Commonwealth v. Torres

In this case, we are asked to determine whether, consistent with G. L. c. 276, § 57, and principles of due process, a judge in the Superior Court may conduct a bail hearing for a defendant found incompetent to stand trial. We conclude that, as a general rule, the judge may.

1. Background. On January 4, 2001, Jose Torres was arraigned on charges of rape of a child and indecent assault and battery on a child under the age of fourteen years. Although Torres’s counsel stated at the arraignment that Torres had clinical depression and may be “slow,” no competency examination was ordered. Bail was…