SalemNews.com, Salem, MA

Local News

December 7, 2013

Judge won't dismiss OUI charge after mistrial

(Continued)

Lowy agreed, finding that while police misconduct is one basis for a dismissal after a mistrial, that alone is not a sufficient basis to dismiss a case.

“While the conduct of the police witnesses in the case was inexcusable and serious, any prejudice to the defendant has been diffused with the granting of a mistrial,” the judge wrote in his one-page ruling issued yesterday.

“Further, there would have been no reason for the police officers to have sought a mistrial,” the judge also found. He said that even if the officers understood the implications of their improper testimony, they had no reason to goad Hurley and his lawyer from seeking a mistrial.

A status hearing in the case is scheduled for Monday, during which Hurley may ask to be released on bail.

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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