Commonwealth v. Santosuosso

A motion judge in a jury of six session rejected an affidavit in support of a motion to suppress and denied the motion “for failure to comply with [Mass.R.Crim.P.] 13(a) (2).” We think that, in the circumstances of this case, the affidavit of counsel which was presented to the judge in support of the motion served the purpose of the rule. Accordingly, we remand the matter to be decided on the merits.

1. In order to put the facts of this appeal in proper perspective, we begin by discussing the prior proceedings in the nonjury session of the District Court, where the defendant was convicted on…