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Chief prosecutor: A police affidavit is a complaint

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A POLICE affidavit is a complaint, Chief Prosecutor John Bradley said in response to the Office of the Public Defender questioning the practice of the Office of the Attorney General of filing a detective’s affidavit but not a complaint.

Bradley said Rule 3 of the Rules of Criminal Procedure states that a “complaint” is a “written statement of the essential facts constituting the offense charged.”

“A…warrant is accompanied by a detailed sworn statement of those facts and an identification of the offense committed. That satisfies the rule,” Bradley said.

For decades now, everyone has recognized that these documents comply with the preliminary requirements for arresting and charging a person, he added.

John Bradley

“I am confident that the recent objection by the PDO is without merit and will not interfere with the ability of police to continue their good work in drafting and presenting warrants,” Bradley said in an email to Variety.

The PDO raised the issue during the bail hearing Monday for Kennedy Masubed before Superior Court Associate Judge Joseph N. Camacho.

Masubed, 46, repeatedly punched and stabbed a barber who had just cut the inmate’s hair inside the Department of Corrections last week Thursday.

Masubed said he stabbed the victim because he, the barber, is gay. Masubed used a shank to stab the victim.

The barber, who regularly gives inmates haircuts, sustained wounds on the top of his head and left temple and was brought to the Commonwealth Health Center for treatment.

The government charged Masubed with assault with a dangerous weapon, assault and battery, and disturbing the peace.

Assistant Attorney General Chester Hinds represented the government at the bail hearing.

Judge Camacho scheduled a motion hearing for the issues raised by the PDO for July 8, 2020 at 10 a.m.

 The judge also noted that he previously set a preliminary hearing for May 20, adding that, generally, the government files the charging document on or before the preliminary examination hearing.

Masubed, Variety learned, is in prison for assault with a dangerous weapon.

 

 

 

 

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