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Attorney Randazza commenting

DePina v. Worcester County D.A.

Marc Randazza
MARC J. RANDAZZA

Attorney

Jay Wolman
JAY M. WOLMAN

Attorney

DEFENDANT

In this case, Worcester DAs Office prosecuted DePina for violating G.L. c. 26, § 13B based on DePina heckling Suffolk County DA Rachael Rollins during a televised press conference.  The charge alleged that DePina’s heckling incorporated reference to the three criminal cases pending against him that the Suffolk County DA’s Office was prosecuting.  The entire incident was on video.

DePina filed a motion to dismiss for lack of probable cause. The court dismissed the charges based on lack of probable cause and noted that DePina’s speech was within the First Amendment’s protective reach.

DOCS - BMC:

Press:

PLAINTIFF

In this case, DePina is suing Rachael Rollins, Worcester County DA’s office, DA Joseph Early, ADA Anthony Melia, Boston Police Department, and Detective Dante Williams.  DePina brings a claim under G.L. c. 12, § 11 for Defendants’ malicious prosecution, abuse of process, and violation of DePina’s freedom of speech under art. 16 of the Massachusetts Declaration of Rights,, as amended by art. 77 of the Amendments to the Massachusetts Constitution. The claims are based on the Defendants prosecuting DePina for violating G.L. c. 26, § 13B based on DePina heckling Suffolk County DA Rachael Rollins during a televised press conference.

DOCS - Superior Court:

DOCS - MA Appeals Court:

DOCS - MA Supreme Judicial:

PRESS:

Attorney Randazza commenting
Attorney Marc Randazza commenting after getting a dismissal for Joao DePina, when Former U.S. Attorney Rachel Rollins sought to have him face 10 years in prison for heckling her at a press conference
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