Gallo v. Commonwealth

Decision Date02 May 2022
Docket NumberSJC-13102
PartiesRINALDO DEL GALLO, THIRD v. COMMONWEALTH. [1]
CourtUnited States State Supreme Judicial Court of Massachusetts

RINALDO DEL GALLO, THIRD
v.
COMMONWEALTH. [1]

No. SJC-13102

Supreme Judicial Court of Massachusetts

May 2, 2022


Supreme Judicial Court, Superintendence of inferior courts. Habeas Corpus.

The case was submitted on briefs.

Rinaldo Del Gallo, III, pro se.

Steven Greenbaum, Special Assistant District Attorney, for the Commonwealth.

The petitioner, Rinaldo Del Gallo, III, appeals from the judgment of a single justice of this court denying his petition for review pursuant to G. L. c. 211, § 3, and for a writ of habeas corpus, pursuant to G. L. c. 248. He also appeals from the denial of his motion for reconsideration. The petitioner characterizes his filing as an interlocutory appeal from the denial of his motion to dismiss a criminal complaint; we consider it as such and affirm.

Background.

We summarize the information provided in the application for the criminal complaint against the petitioner. Police officers from two municipalities responded to a request for police assistance at a residential address. When the officers arrived, the petitioner was not at the scene. The complainant reported that the petitioner had attempted to leave the residence with two minor children in his vehicle, "which she did not agree with." She reported that, when she attempted to reach into the vehicle to remove her keys, the defendant closed the door on her head and began to drive away. The complainant later informed the officers that the petitioner punched her in

1

the head several times and that he also pushed one of the children and struck the other. At the scene, the officers observed a small laceration on one child's head as well as blood at the scene. The officers arrested the petitioner at a different location that same day.[2]

After the petitioner's arrest, a police officer filed an application for a complaint charging him with four offenses. See Boston Globe Media Partners, LLC v. Chief Justice of the Trial Court, 483 Mass. 80, 82 (2019) (Boston Globe); Eagle-Tribune Publ. Co. v. Clerk-Magistrate of the Lawrence Div. of the Dist. Court Dep't, 448 Mass. 647, 648-649 (2007) (Eagle-Tribune) . "Under these circumstances, the clerk-magistrate reviewing the application must authorize the criminal complaint if he or she determines that it is supported by probable cause." Boston Globe, supra. As we described in Boston Globe:

"An arrested individual, of course, has no right to be heard by a judicial officer before being arrested, and has no right
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