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COMMONWEALTH v. GEORGE W. PRESCOTT PUBLISHING COMPANY, LLC

SJC-11062.

463 Mass. 258 (2012)

COMMONWEALTH & another v. GEORGE W. PRESCOTT PUBLISHING COMPANY, LLC, & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 2012.

Attorney(s) appearing for the Case

Andrew DiCarlo Berman, Special Assistant District Attorney, for the Commonwealth.

Peter F. Carr, II (Charlotte L. Bednar with him) for William O'Connell.

Michael J. Grygiel, of New York (Zachary C. Kleinsasser with him) for George W. Prescott Publishing Company, LLC.

Peter J. Caruso, for Massachusetts Newspaper Publishers Association & others, amici curiae, submitted a brief.

Martha Coakley, Attorney General, & Argie K. Shapiro, Assistant Attorney General, for Attorney General, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

The Commonwealth and William O'Connell (collectively, petitioners) filed a petition in the county court, pursuant to G. L. c. 211, § 3, seeking relief from a District Court judge's order releasing from impoundment a redacted version of a search warrant affidavit. The affidavit contains a recitation of allegations made against O'Connell, a prominent Massachusetts real estate developer, that are now the subject of criminal charges of, among other things...

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