10
agreement with the Commonwealth in exchange for his testimony
against the Johnsons.
During pretrial proceedings, the defendants filed motions
to dismiss, asserting that (1) the Commonwealth failed to
provide discovery; (2) there was no probable cause that the
defendants had committed any crime; (3) the destruction of
evidence caused by the Commonwealth warranted dismissal; (4) the
defendants' right to a speedy trial was violated; (5) venue for
the charge of making a false report was improper; and (6) there
was prosecutorial misconduct.
All of these motions were denied.
At the close of the Commonwealth's case, the Johnsons moved
for required findings of not guilty on all of the charges.
The
judge entered a finding of not guilty on the charge of identity
fraud, but denied the defendants' motion in all other respects.
The judge also denied the defendants' motion at the close of all
of the evidence.
The charge of conspiracy was dismissed at the
Commonwealth's request.
On December 1, 2011, a jury convicted the defendants of
criminal harassment and convicted William of making a false
report of child abuse.
On the harassment charge, William was
sentenced to two and one-half years in the house of correction,
eighteen months to be served with the balance suspended until
December 1, 2014, with probation conditions; on the charge of
making a false report of child abuse, he was fined $1,000.
Gail
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