Commonwealth v. Diggs (SJC 12008) Commonwealth v. Soto

Duffly, J,

The defendants, Marcel A, Diggs and Damiane K, Soto, challenge orders for pretrial detention imposed by District Court judges after hearings at which the judges concluded that each defendant was dangerous within the meaning of G. L, c. 276, § 58A (dangerousness statute). Under that statute, a person “held under arrest” on charges of one of an enumerated list of offenses may be subject to “a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.” G. L. c. 276, § 58A (4). The defendants argue that neither of them was…