January 7, 2016
Indictments found and returned in the Superior Court
Department on August 29, 2013.
pretrial motion to suppress evidence was heard by Kenneth
W. Salinger, J.; the cases were tried before Jeffrey
A. Locke, J.; and a motion for stay of execution of
sentence was considered by Locke, J.
motion for stay of execution of sentence filed in the Supreme
Judicial Court was referred to Spina, J., and was
considered by him.
Rebecca A. Jacobstein, Committee for Public Counsel Services,
for the defendant.
Randall E. Ravitz, Assistant Attorney General ( Gina Masotta,
Assistant Attorney General, with him) for the Commonwealth.
Gants, C.J., Cordy, Botsford, Duffly, Lenk, & Hines, JJ.
N.E.3d 228] Hines, J.
defendant, Branden E. Mattier, was convicted by a jury on
three indictments charging conspiracy, G. L. c. 274, §
7; attempted larceny, G. L. c. 274, § 6; and identity
fraud, G. L. c. 266, § 37E, respectively. The charges
stemmed from an attempt by the defendant and his half-brother
to defraud One Fund Boston, Inc. (One Fund), of
approximately $2 million by claiming that a long-deceased
aunt had been injured in the 2013 bombing at the finish line
of the Boston Marathon. The judge imposed a State prison
sentence of from three years to three years and one day on
the conspiracy charge and concurrent sentences of three
years' probation for the attempted larceny and identity
fraud charges, to run from and after the committed sentence.
defendant appealed from his convictions and filed in the
trial court a motion for stay of the execution of his
sentence pending appeal. The judge denied the motion. After
his appeal was docketed in the Appeals Court, the defendant
filed a motion for stay of the execution of the sentence in
that court. We granted the defendant's application for
direct appellate review of his appeal, and thereafter, the
defendant filed a motion for stay in this court. The matter
was referred to a single justice, who denied the motion. The
defendant filed this appeal from the single justice's
order, together with a motion for an expedited
ruling. In response to the defendant's
motion for an expedited ruling on his appeal from the single
justice's order denying the stay, we now address
separately the merits of that aspect of his appeal.
review the single justice's order denying a motion for
stay to determine (1) " whether the single justice
committed error of law in declining to make an independent
exercise of discretion on the issue of the stay of execution,
in place of that made by the trial judge" ; and (2)
whether the single justice erred in ruling that the trial
judge's action on the motion to stay was not an abuse of
discretion. Commonwealth v. Hodge (No. 1),
380 Mass. 851, 852, 406 N.E.2d 1010 (1980). The single
justice and the trial judge, as they were entitled to ...