In his written order released yesterday, Wiseman said: “This court has expressed time and again that its main concern in this case is taking a gun off the streets. The gun in question here is a potential danger to the community and it is the duty of this court to do whatever it can under the law to protect the public’s rights in this regard.”
He added, “In view of the legal uncertainty of vacating the plea agreement after the judgment of conviction, the court has decided to pursue a more viable method for achieving its ultimate goal of removing the handgun from the streets.”
The court believes that the government’s motion to show cause is “a proper motion to figure the whereabouts of the gun used in the commission of [Aldan’s] crime.”
Wiseman said: “The court will pursue the commonwealth’s motion to show cause and hold defendant Aldan in civil contempt if he fails to comply with [the] court’s order to turn over the gun or to further provide information on the whereabouts of that gun.”
Wiseman set the hearing for May 7, 2010 at 9:30 a.m. in his courtroom.
Aldan, who was charged in a domestic violence case, used the handgun against his victim, pulling the trigger many times.
