Hasselback has resigned from the AGO.
During a hearing on Wednesday, Assistant Attorney General Brian Gallagher told Wiseman that he was instructed to read a message to the court by Attorney General Edward Buckingham about the “poorly drafted” plea agreement.
Buckingham said Hasselback should have consulted with his supervisors before filing the motion to set aside the plea agreement.
“The court found this practice to be highly unusual,” Wiseman said. “Not only was the attorney responsible for the motion [Hasselback] sitting in the gallery of the court, but the attorney designated to take the case [Gallagher] was reading a message…given to him by the attorney general.”
Wiseman asked Hasselback to state his position regarding the withdrawal of the motion, but the attorney said since the March 23 hearing, he has been taken off the case and has no new information to provide the court.
“The court simply cannot ignore [Aldan’s] substantial failure to comply with an essential term of the plea agreement…which was the return or surrender of the handgun, nor should the commonwealth,” Wiseman said in his six-page written order.
He added: “The illegal gun in question here is a potential danger…and it is the duty of the court to do whatever it can under the law to protect the public’s rights in this regard.”
Wiseman said the court “will exercise its constitutional duty in upholding [the] law and attempt to mitigate any danger or harm to the community that may result from [Aldan’s] possessing an illegal firearm.”
He reiterated that the return of the handgun should be pursued.
The court, he added, will not accommodate the AGO’s request without a formal written motion setting forth the reasons for withdrawing its earlier motion.
Wiseman said his order will “insure a system of checks and balances between the executive branch and the courts for the actions of the government.”
He said the AGO’s motion will be heard on April 14 at 9 a.m., and the defendant, who is represented by attorney Joaquin DLG. Torres, may submit his opposition on or before April 9.
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