DA Rachael Rollins and Defendant Argue COVID-19 Standing Order was Violated and Arrest Warrant was in Error
Single Justice of SJC Stops BMC Judge’s Dangerous Behavior
BOSTON, November 10, 2020 — A single justice of the Supreme Judicial Court agreed with an emergency petition by the Office of Suffolk County District Attorney Rachael Rollins and a defense attorney filed in the interest of public health. The parties sought to overturn an order by a Boston Municipal Court judge demanding a defendant appear in person at court for an administrative hearing; the SJC justice also voided an arrest warrant the BMC judge issued for that man, who resides in Delaware, and had phoned in to attend the lower court hearing.
Justice Elspeth Cypher today ruled that Judge Mark Summerville’s order that the defendant must attend a hearing in person should be vacated, and that an arrest warrant for the defendant, Ryan Smagala, be “recalled forthwith.”
Despite being in the middle of a Global pandemic, and having a standing order from the BMC in August, which said, in part, because of COVID-19 that “[a]ll matters, other than jury trials, that do not occur in-person pursuant to Section I.B. shall occur virtually” Judge Summerville ruled that Ryan Smagala should have attended an Oct. 2, 2020 in person, rather than calling in.
“In a time of a Global pandemic and rapidly increasing numbers of new infections, it is hard to believe that a judge would go against a standing court order from the Chief of his court and require a defendant to appear in person for a routine administrative hearing. Additionally, over the last several weeks many BMC Courts and the Chelsea District Court have had multiple closures due to Covid outbreaks or exposure. We are in the midst of a public health crisis and lives depend on compliance with requirements focused on reducing potential exposure to Covid,’’ said Suffolk County District Attorney Rachael Rollins.
During the Oct. 2, 2020 hearing, despite Smagala’s presence by telephone, Judge Summerville said the defendant did “not get to choose how he comes to court.”
Smagala faces charges including Assault and Battery on a Family or Household member, and Assault and Battery with a Dangerous Weapon and Strangulation.
The DA Office’s assent to the defendant’s petition for relief under 211.3 notes that “Judge Summerville’s unilateral and defiant action of defaulting a defendant who attended virtually, as opposed to in person, was a violation of [the BMC] order. Because of that, the Commonwealth assents to the defendant’s petition for relief and specifically asks that this Court vacate the improper issuance of a default warrant issued against the defendant and further order the Central Division of the Boston Municipal Court (“BMC Central”) to schedule these dockets, and those like it, for virtual hearings.
“The unilateral actions of a rogue Judge have now required attorneys to file emergency motions requesting compliance with an unequivocal Court Order issued for public health reasons during a Global pandemic. Our taxpayer dollars can be better spent.”
Justice Cypher said the petition should be allowed, without a hearing and the Oct. 2, 2020 orders of the BMC be vacated.
Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.