Commonwealth v. Richard Melanson. ( 2023 )

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
22-P-863
COMMONWEALTH
vs.
RICHARD MELANSON.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The Commonwealth appeals from an order of the District
Court, dismissing a criminal complaint against the defendant
following the allowance of the defendant's motion to dismiss.
We reverse in part.
The defendant's motion to dismiss asserted that the
Commonwealth's application for criminal complaint "contained
material misleading statements and omissions undermining the
integrity of all [c]ounts in the [c]omplaint," and the judge
dismissed the complaint on that basis.1 Specifically, the
1 The defendant also asserted that the application for criminal
complaint failed to establish the minimal elements of the
charged offenses, but the judge did not address that claim.
Though we may affirm an order of the trial court on any ground
supported by the record, we agree with the Commonwealth that
(with the exception of count one) the evidence recited in the
application sufficed to support the complaint, for substantially
the reasons explained at pages twenty-six through thirty-two of
defendant suggested that the Commonwealth failed to include
information in its application for criminal complaint that might
have called into question the credibility of the complaining
witness. However, the defendant has not demonstrated that the
police officer who prepared the application for complaint was
aware of the information cited by the defendant.2 In any event,
the information did not demonstrate that the evidence supporting
the application was untrue; it was simply of the type that might
be used, at trial, to impeach or otherwise call into question
the credibility of that evidence.3 See Commonwealth v. Graham,
431 Mass. 282, 290 (2000). It did not distort the evidence, or
display an intent to deceive the magistrate. Contrast
Commonwealth v. O'Dell, 392 Mass. 445, 446-447 (1984). In a
criminal complaint process, the Commonwealth does not have a
duty to produce "all available exculpatory evidence," but only
that evidence which would "gravely undermine evidence supporting
the Commonwealth's brief. The defendant does not argue
otherwise in his brief. As to count one of the complaint, the
Commonwealth has conceded that there was no probable cause to
support it, and that it does not seek by this appeal to
reinstate it.
2 To the extent the defendant faults the Commonwealth for not
conducting a more thorough investigation to uncover such
evidence, the criticism is misplaced. See Commonwealth v.
Richardson, 49 Mass. App. Ct. 82, 84 (2000).
3 We need not discuss in detail the evidence the defendant
describes as exculpatory, other than to observe that, as the
Commonwealth's brief explains at pages twenty-four to twenty-
six, it largely reflected competing narratives of the relevant
incidents, related by different witnesses.
2
probable cause." Commonwealth v. Biasiucci, 60 Mass. App. Ct.
734, 738 (2004).
The allowance of the defendant's motion to dismiss counts
two through four of the complaint was error, and the order of
the District Court is accordingly reversed as to those counts.
As to count one, the order is affirmed.
So ordered.
By the Court (Green, C.J.,
Shin & Hershfang, JJ.4),
Clerk
Entered: April 20, 2023.
4 The panelists are listed in order of seniority.
3