Commonwealth v. Three Thousand Two Hundred Eleven Dollars ($3, 211.00) in United States Currency, 012120 MASUP, 19-1890-C

Docket Nº:Civil 19-1890-C, 20-25-C, 20-39-D
Opinion Judge:Peter B. Krupp Justice of the Superior Court
Party Name:COMMONWEALTH Plaintiff v. THREE THOUSAND TWO HUNDRED ELEVEN DOLLARS ($3, 211.00) IN UNITED STATES CURRENCY[1] Defendant COMMONWEALTH Plaintiff v. FIVE THOUSAND TWO HUNDRED TWENTY TWO DOLLARS ($5, 222.00) IN UNITED STATES CURRENCY COMMONWEALTH Plaintiff v. ONE THOUSAND EIGHT HUNDRED FORTY DOLLARS ($1, 840.00) IN UNITED STATES CURRENCY
Case Date:January 21, 2020
Court:Superior Court of Massachusetts
 
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COMMONWEALTH Plaintiff

v.

THREE THOUSAND TWO HUNDRED ELEVEN DOLLARS ($3, 211.00) IN UNITED STATES CURRENCY[1] Defendant

COMMONWEALTH Plaintiff

v.

FIVE THOUSAND TWO HUNDRED TWENTY TWO DOLLARS ($5, 222.00) IN UNITED STATES CURRENCY[2] Defendant

COMMONWEALTH Plaintiff

v.

ONE THOUSAND EIGHT HUNDRED FORTY DOLLARS ($1, 840.00) IN UNITED STATES CURRENCY3 Defendant

Civil Nos. 19-1890-C, 20-25-C, 20-39-D

Superior Court of Massachusetts, Department of Trial Court, Worcester

January 21, 2020

MEMORANDUM AND ORDER ON MOTIONS TO AMEND TRACK

Peter B. Krupp Justice of the Superior Court

Three cases are before me prior to service on separate boilerplate motions by the Commonwealth under Superior Court Standing Order 1-88 to amend the track designation from "fast" to "average." For the following reasons, each motion is denied without prejudice.

BACKGROUND4

Case No. 19-1890-C. On May 17, 2019, the Worcester Police arrested Rudy A. Smith and charged him with a drug distribution offense. During his arrest, the police seized $3, 211. Seven months later, on December 19, 2019, the Commonwealth filed this action (Civil No. 19-1890-C) under G.L. c. 94C, § 47, seeking to forfeit the $3, 211 seized when Mr. Smith was arrested. The complaint does not explain why there was a delay of seven months between Mr. Smith’s arrest and the filing of the forfeiture action. In its complaint, the Commonwealth prays, among other things, that notice issue to Mr. Smith at three different addresses in Worcester, and that the matter be set down for a hearing 14 days after notice is given.5

Case No. 20-25-C. On June 20, 2019, law enforcement officers executed a search warrant for the first floor apartment at 90 Day Street in Fitchburg. During the course of the search, the officers recovered, among other things, $5, 222. As a result of the search, and on the same day, Chou Lor was arrested on narcotics and firearms charges. On October 2, 2019, Mr. Lor was arraigned on related charges in this court in Case No. 1985CR00325.6 On January 8, 2020, more than six months after execution of the search warrant, the Commonwealth filed this action (Civil No. 20-25-C) under G.L. c. 94C, § 47, seeking to forfeit the $5, 222 seized during the course of the search. In its complaint, the Commonwealth prays, among other things, that notice issue to Mr. Lor at two different addresses in Fitchburg, 7 and that the matter be set down for a hearing 14 days after notice is given.

Case No. 20-39-D. On November 6, 2019, law enforcement officers executed a search warrant at 73B Manchester Street, Apt. 8, in Leominster. Among other things, the police seized $1, 840. Following the execution of the search warrant, Jose A. Diaz was arrested and charged with drug trafficking in a complaint filed in the Leominster District Court, Case No. 1961CR001466.8 On January 10, 2020, the Commonwealth filed this action (Civil No. 20-39-D) under G.L. c. 94C, § 47, seeking to forfeit the $1, 840 seized during the search. In its complaint, the Commonwealth prays, among other things, that notice issue to Mr. Diaz at 73B Manchester Street, Apt. 8, in Leominster, and that the matter be set down for a hearing 14 days after notice is given.

The Instant Motions. In each of these three dockets, the Commonwealth has filed a boilerplate motion under Superior Court Standing Order 1-88 to amend the track designation from "fast" to "average." Each motion was filed with, or a day or so after, the filing of the complaint. Each motion was...

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