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have been tried in either Suffolk or Middlesex County.
The
motion was denied.
Article 13 of the Massachusetts Declaration of Rights
grants the Legislature "discretion . . . to establish venue
requirements for criminal trials," Opinion of the Justices, 372
Mass. 883, 897 (1977), but acknowledges "that fairness to a
defendant normally requires that the defendant not be
transported far away for trial but rather be tried where there
is access to witnesses and evidence for the defense."
Commonwealth v. Brogan, 415 Mass. 169, 174 (1993).
Since the
statute at issue, G. L. c. 119, § 51A (c), does not include a
venue provision, the question of venue here "is one of common
law within any limitation that art. 13 may impose."
Brogan,
supra at 173.
The defendant has made no showing that the trial in Essex
County "was in any way prejudicial to [his] defences on the
merits, or otherwise disadvantageous to [him]."
Libby, 358 Mass. 617, 620 n.2 (1971).
crime is unrelated to Essex County:
Commonwealth v.
It is not as though the
William lived in Essex
County, as did the victims, and the child abuse investigation
became fully manifested there.
William has not demonstrated
that he was "unduly hampered by being required to appear" in
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