MEMORANDUM AND ORDER ON DEFENDANTâs MOTION TO
B. Krupp, Justice
Corey Langley is charged with two counts of possession of a
substance, material, article, explosive, or ingredient which
could be used to make a destructive or incendiary device or
substance in violation of G.L. c. 266, Â§ 102(a)(i) (Counts
001 and 002), and two counts of secreting, throwing,
launching, or otherwise placing an explosive or incendiary
device in violation of G.L. c. 266, Â§ 102A (Counts 003 and
004). Defendant moves to dismiss under Commonwealth v.
McCarthy, 385 Mass. 160, 163 (1982), arguing the grand
jury heard insufficient evidence to support the indictments.
After hearing,  for the following reasons, the motion
grand jury heard the following evidence:
January 13, 2017, Holbrook Police Department Detective Scott
Glover received a call to the effect that two possible
explosive devices were located at 44 Poole Circle in Holbrook
(" the Property"). When Det. Glover responded to
the scene, he observed in the Propertyâs backyard near the
gate (i) a white bleach bottle with a hole cut into the cap
and a pair of underwear on or near the bottle, and (ii) a
Crisco bottle filled with nails and batteries, which had a
hole cut in its top and a wick coming out of the hole. Det.
Glover contacted the State Police Bomb Squad.
Morgan, the owner of the Property, told Det. Glover that
after midnight on the previous night, he had heard a loud
noise in the woods, like something running away, but he did
not see anything. Mr. Morgan reported that the next morning,
he observed a bleach bottle in the backyard and a Crisco oil
bottle and a burned pair of underwear in the wooded area
outside the backyard gate to the Property. Mr. Morgan also
said that he noticed that the gate had been sprayed with a
State Police responded to the scene, photographed the
evidence, and made sure it was safe to remove the two bottles
from the area.
Morgan told Det. Glover that a number of teenagers were
staying in a house on the other side of the wooded area
behind the Property, including possibly the defendant; and
they were the only people Mr. Morgan believed may have put
the objects in his yard.
Holbrook police officer, Officer Sterling, walked back behind
the Property until he reached the house Mr. Morgan described.
There, he found gas cans in the backyard of the
house and a wallet with defendantâs
identification in it. Off. Sterling spoke with defendantâs
mother, who said defendant had been out the previous night,
returning home after 1:45 a.m.
Holbrook police questioned defendant at the police station.
Defendant admitted he made the bleach and Crisco oil "
devices, " but said he had not planned on hurting anyone
with them. He said he intended the bleach container to look
like a Molotov cocktail, wanted to use it to make a "
big boom" in his backyard, and threw it into the
backyard of the Property when he got scared. Defendant
explained that he wanted to bury the Crisco oil bottle in the
snow to " see how it exploded."
State Police Trooper Eric Desrochers also spoke with
defendant. Defendant told him that he threw the bleach bottle
over the fence into the Propertyâs backyard and left the
Crisco bottle against the Propertyâs back gate. Defendant
said he knew that the bleach was not flammable, but acted
like it was a Molotov cocktail and threw it into the yard. He
told Tpr. Desrochers that he did not light the wick; however,
the trooper testified that the wick, which was a pair of
girlâs underwear and was found next to the bleach bottle,
had singes on it. Regarding the liquid on the gate, defendant
told Tpr. Desrochers that he had poured the contents of a
bleach bottle along the fence. Tpr. Desrochers testified he
saw the Crisco oil bottle, with the wick still in it, outside
of the gate to the Propertyâs backyard.
was extracted from both containers and submitted to the lab,
but the results were not back at the time of the grand jury
hearing. Tpr. Desrochers stated he expected the bottles
contained just bleach and vegetable oil. In response to grand
juror questions, Tpr. Desrochers explained that the Crisco
bottle had no explosive capacity, although defendant thought
it would burn; and that defendant knew bleach could not burn,
but thought that the fumes could burn.
March 7, 2017, the grand jury returned two indictments
charging violation of G.L. c. 266, Â§ 102(a)(i) (possession),
and two indictments charging violation of G.L. c. 266, Â§ 102A
(throwing or placing). Defendant moves to dismiss each of the
indictments. At argument on December 19, 2017, the
Commonwealth conceded that Counts 001 and 002 should be
dismissed for lack of sufficient evidence in light of
Commonwealth v. Aldana,477 Mass. 790, 797-804
(2017), which was decided after the indictments were returned