SalemNews.com, Salem, MA

Local News

March 2, 2013

Judge refuses new clerk’s hearing for Danvers selectman

(Continued)

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.

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Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.

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