Commonwealth v. Dean Tran

Boston, Massachusetts, criminal defense lawyer represented the Defendant charged with using his offical position to secure unwarranted privileges 2drawing on public resources, including members of hisSenate staff,for his reelectioncampaigns.



The defendant, who served as a State senator from 2017 until 2020, was indicted ontwo counts of using hisofficial position to secure unwarranted privilegesby drawing on public resources, including members of hisSenate staff,for his reelectioncampaigns.1See G.L. c.268A, §§23(b)(2)(ii),26. He moved to dismiss the charges on various grounds,and after that motion was denied by aSuperior Court judge, he sought interlocutory review pursuant to G.L. c.211, §3.His petitionasserted, among other things,that (1)he is entitled to legislative immunity under art. 21of the Massachusetts Declaration of Rights(deliberation, speech,and debate); (2) the indictments violate separationof powers principles reflected in PartII, c.1, §3, arts. 10 and 11of the Constitution of the Commonwealth(art. 10 and art. 11) because only the Legislature may regulateand punishthe conduct of legislators; and (3) the prosecutor exceeded her authority when she excludedfrom deliberation and without court approval a grand juror who appeared to express possible political biasagainst the defendant.

Remanded for entry of a judgment denying Appellant's petition.