Aidan “Turtleboy” Kearney (Turtleboy) suffered a major loss as the Supreme Judicial Court of Suffolk County, Massachusetts, denied his emergency petition for relief from order revoking bail on Friday.
The Court found that the lower court had provided the necessary considerations required for bail revocation based on a new criminal defense in revoking Turtleboy’s bond for allegedly attacking his girlfriend in December, hours after being released on his own recognizance on multiple felony charges.
https://www.ma-appellatecourts.org/docket/SJ-2024-0034
The Court wrote:
JUDGMENT: “This matter came before the court on the “Defendant’s Emergency Petition for Relief from Order Revoking Bail Brought Pursuant to G. L. c. 211, § 3.” On February 9, 2024, after a remand, the judge who issued the bail revocation order entered written findings. Those findings “encompassed the necessary considerations required” under G. L. c. 276, § 58, for bail revocation based on a new criminal offense, including the gravity, nature, and circumstances of the new offenses. Paquette v. Commonwealth, 440 Mass. 121, 135 (2003). In so doing, the judge below did not abuse his discretion. See id., citing Commonwealth v. Gonsalves, 437 Mass. 1022 (2002).[1] The defendant has requested that, once this court rules upon the bail revocation order, it should reserve and report various other “issues raised in his trio of cases to the full bench for briefing, solicitation of amici, and argument.” Def. Pet. at 2-4. However, this matter is here on a G. L. c. 211, § 3 petition challenging a bail revocation order. As stated, that order did not constitute an abuse of discretion. The defendant’s request to reserve and report this matter, for the purpose of considering other issues beyond the scope of that order, including rulings made outside of the underlying criminal case, is not a proper use of a G. L. c. 211, § 3 petition seeking bail revocation review. Upon consideration thereof, it is hereby ORDERED that the defendant’s motion to amend the caption of his petition is DENIED, and that the petition be, and the same hereby is, DENIED without a hearing.” (Kafker, J.)
Because of the ruling, Turtleboy will remain in jail until at least the sixty-day period under 276, § 58 is completed. Turtleboy announced on his twitter account that he will be free on February 23, 2024, based on the ruling.
This is a developing story.
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