Prosecutor Lars Trautman cited prior cases and state law, which say that even a procedurally incorrect clerk’s hearing does not justify remanding the case to a clerk. Instead, the way to deal with that is through a motion to dismiss on the grounds of insufficient evidence to support the complaint.
Machera suggested to Smerczynski that he consider filing a motion to dismiss the case if he believes there was insufficient evidence to support the charges.
Smerczynski said he would, and a hearing on that motion is now set for May 9.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at firstname.lastname@example.org or on Twitter @SNJulieManganis.