A Chelsea District Court judge cleared a defendant of an assault charge with no evidence being heard and without the courtroom presence of a prosecutor, The Boston Globe reported.
The June 25 hearing for defendant Robin Lee Scalesse was delayed three times due to the defense attorney running late and for not having the proper file, the Globe reported. When Judge Benjamin Barnes wanted to begin the hearing, the prosecutor had left the courtroom.
But before the prosecutor could return less than 10 minutes later, Barnes had declared Scalesse not guilty without hearing any evidence, the court transcript shows.
Suffolk District Attorney Daniel F. Conley is now asking the Supreme Judicial Court to step in and undo Barnes’s ruling, the Globe reported.
Read the full Boston Globe story here.