Judge Lisa A. Warren has denied the Emergency Motion filed by the Orleans County State’s Attorney’s Office to temporarily suspend the dismissal of three felony convictions against a Massachusetts man. The judge dismissed the jury trial convictions against David Vaz, 33, of Springfield, Massachusetts, as a sanction against the prosecutor’s office for a “major discovery violation.” Deputy State’s Attorney Michael A. Cricchi then filed a motion asking the court to stay the decision calling Judge Warren’s ruling “overly harsh” and “an abuse of the Court’s discretion.” On the same day, Vaz’s defense attorney, Joshua G. Stern, filed an opposition motion arguing that the convictions should remain dismissed. Stern argued that the state needed to show a strong likelihood of success on the merits, “irreparable injury” if the request is not granted, and that the request will not substantially harm other parties and will serve the public’s best interests. “The State has not submitted substantive argument as to any of the above factors,” wrote Judge Warren in her denial. “The court does not find that a stay will serve the best interests of the public, considering the public’s interest in criminal due process. Accordingly, the State’s motion for emergency stay is DENIED.” Judge Warren found that the state did not provide evidence (discovery) to the defense, which may have been favorable to the defendant, as required by law. According to court documents, Vaz was one of several people who participated in the kidnapping and assault of Damion Daniels in the town of Lowell in November of 2017.
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