In re Montes

This is a petition for habeas corpus filed in September 1996 pursuant to G.L.c. 123, §20. A hearing was conducted by the Court on September 19, 1996.

FINDINGS OF FACTS

Petitioner Ricardo Montes (“Montes”) is a thirty-eight year old man who was arrested in the State of New York on June 26, 1992. He was charged with the crime of arson in the second degree and reckless endangerment after setting fire to a building. It was alleged that Montes was intoxicated when he set the building on fire and then proceeded to dance, undressed, in front of the fire. Following a trial in New York he was found not…