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Commonwealth v. Austin Renaud, McCarthy Motion to Dismiss 2-9-2011

Commonwealth v. Austin Renaud, McCarthy Motion to Dismiss 2-9-2011

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Published by: masslive on Feb 10, 2011
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02/10/2011

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COMMONWEALTH OF MASSACHUSETTS
 
SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT
 HAMPSHIRE, SS. DOCKET NO.:10-48COMMONWEALTHV.AUSTIN RENAUDMOTION TO DISMISS
 Now comes the Defendant and moves this Honorable Court to dismiss the abovenumbered indictment for the reason that the Grand Jurors heard no evidence of criminalbehavior on the part of this Defendant. See
Commonwealth v. McCarthy
385 Mass.160 (1982).
(A copy of the Grand Jury Minutes is attached to this motion andincorporated by reference and is filed under seal with this court.)
 The Defendant further states that the Commonwealth has failed to provide to theGrand Jury admissible and credible evidence that the Defendant committed any sexualintercourse with the subject of this indictment within the jurisdiction of the HampshireCounty District Attorneys office. The indictment alleges that a sexual act took place butdoes not define the time, date or place of the alleged sexual assault. The government,due to the untimely death of the young lady, is unable to produce such evidence of sexual assault and will be unable to produce in the future credible, admissible evidencethat a sexual act occurred and that the act constituted intercourse and that thoseactions or events happened within the jurisdiction of this court.

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