Commonwealth v. Rotonda
Massachusetts Supreme Court
434 Mass. 211 (2001)
- Written by Kelli Lanski, JD
Facts
Gerard Rotonda (defendant) was charged with violating the civil rights of another, a misdemeanor, after he yelled racial slurs at a traffic-enforcement officer who was writing him a parking ticket. Rotonda’s counsel requested a continuance shortly before trial to investigate threatening phone calls Rotonda had been receiving, which appeared to come from the traffic officer’s workplace, as well as recent vandalism to Rotonda’s car. The judge agreed and suggested that the parties try to resolve the matter without trial. The parties were unable to reach an agreement, and the trial-court judge crafted his own resolution. He ordered that Rotonda’s case be continued without finding for one year and subsequently dismissed, subject to Rotonda paying $5,000 as restitution to the traffic officer. The Commonwealth of Massachusetts (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Cordy, J.)
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