Posts tagged "Kaplan"

Commonwealth v. Kaplan (Lawyers Weekly No. 09-018-17)

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NORFOLK, ss.                                                                                              SUPERIOR COURT

  1. 1582CR00580








Memorandum and Order on

Defendant’s “Motion to Dismiss Indictments Due to Impairment

of the  Grand Jury Proceedings”

On July 26, 2013, a vacant family dwelling at 71 Spooner Rd. in Brookline, Massachusetts was consumed by flames. The property was owned by an LLC of which the defendant, Alan Kaplan, was a principal. Kaplan had insured the property for $ 800,000. On September 21, 2015, and Norfolk County Grand Jury returned indictments against Kaplan alleging arson of the dwelling, accessory before the fact to arson, arson of the building, and burning to defraud an insurance company. These indictments came after thirteen meetings of the grand jury stretching from October 17, 2013 through September 21, 2015. The Commonwealth’s theory of the case was that Kaplan, pressed for money, and saddled with a property that had become essentially valueless, solicited an acquaintance named Steve McCann to torch it. The indictments were returned after McCann, who had entered into a plea agreement with the Commonwealth, testified before the grand jury admitting to setting the fire and implicating Kaplan. The matter is now before the court on Kaplan’s motion to dismiss the indictments, because, he argues, “the manner in which the Commonwealth presented the evidence to the grand jury impaired the integrity of … [its] proceedings.” read more


Posted by Massachusetts Legal Resources - October 12, 2017 at 8:16 pm

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