Appeals Court overturns dismissal by frustrated BMC judge.

Byline: Kris Olson

What seemed to be a simple, straightforward assault case is proving to be anything but.

The Appeals Court recently ruled that a clearly frustrated Boston Municipal Court judge abused his discretion with decisions he made a week apart in March 2018.

Judge Michael J. Coyne first instructed an assistant district attorney that she or the ill colleague for whom she was standing in needed to be ready to try the case in a week's time. When the original prosecutor returned to court a week later and reported that he was not ready to proceed, Coyne dismissed the case without prejudice.

The Suffolk County DA's Office acknowledges in its brief that it could have reapplied for the same charge and resumed the prosecution but explains that it chose to exercise its appeal right "due to the conduct of the trial judge."

The DA's Office did not respond to a request for comment before Lawyers Weekly's deadline.

Now, the defendant's appellate attorney says he is considering requesting either reconsideration from the Appeals Court or further appellate review.

The case began with an application for criminal complaint filed by the alleged victim, Rose Dixon, on Feb. 4, 2017. On that day, the defendant, Virginia Baez-Mejia, "spit a nasty big loogey [sic]" in her face "for no reason," she claims.

Baez-Mejia did not appear at the magistrate hearing on April 10, 2017, and a clerk-magistrate found probable cause to issue the criminal complaint.

After a pre-trial hearing and three other court appearances, the case was continued to Jan. 22, 2018, for what the prosecution, at least, believed would be a bench trial, though the docket indicated otherwise. On that date, ADA Paul B. Lewis reported that he and the "sole essential witness," Dixon, who was present in the courtroom, were ready for trial.

Baez-Mejia then exercised her right to a jury trial, which required the case to be transferred from Charlestown to the BMC's Central Division, where it landed in Coyne's courtroom.

On March 1, Lewis was not in court due to a medical emergency. Baez-Mejia's assigned attorney also failed to appear.

Coyne remarked that he was surprised by Lewis' absence, "with a case of such significance," according to the DA's brief.

"Is it that busy in Charlestown that he couldn't be here today?" Coyne is quoted as asking.

As Lewis' stand-in tried to explain about his medical emergency, the judge cut her off. He noted that "three people or maybe four had medical emergencies for...