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:
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.