Commonwealth v. Forte

Each defendant successfully moved on double jeopardy grounds to dismiss indictments charging him with assault or assault and battery against a prison correction officer (and, in one case, assault with intent to murder). Each defendant argued that he had already been sentenced to disciplinary segregation pursuant to prison disciplinary procedures for the same allegedly wrongful conduct on which the indictments were based. A Superior Court judge allowed the motion of the defendant Forte, filing a memorandum of decision, and subsequently he allowed the motions of the other defendants by…