Buffer Zone

The Massachusetts Supreme Judicial Court affirmed an order establishing a “buffer zone” around a high-profile trial

The petitions stemmed from the ongoing trial, in the Superior Court in Norfolk County, in Commonwealth vs. Karen Read, No. 2282CR00117. Read has been indicted for murder, among other crimes, and the case has garnered significant public interest, including protests and demonstrations in the vicinity of the court house complex. In the course of the trial court proceedings, the Commonwealth filed a “Motion for Buffer Zone Surrounding Norfolk Superior Court and Request for Order Prohibiting Signs or Clothing in Favor of Either Party or Law Enforcement,” seeking a 500-foot buffer zone around the Norfolk County Superior Court House and arguing, essentially, that the demonstrations and protests near the court house jeopardized a fair trial.

Below

On the basis of these details, with which the judge has reason to be familiar, the judge concluded that a 200-foot buffer zone was warranted to help ensure a fair trial, free from outside influence. The judge also denied the individual petitioners’ motion to intervene.

On appeal

Ultimately, the trial judge struck a balance between the right to protest or demonstrate and the defendant’s right to a fair trial. As the Commonwealth notes, it too has the right to, and an interest in the defendant receiving, a fair trial, see Commonwealth v. Underwood, 358 Mass. 506, 511 (1970), which is also supported by the judge’s order. The single justice did not commit an error of law or abuse his discretion in denying the petitions pursuant to G. L. c. 211, § 3, seeking relief from that order, or from the denial of the motion to intervene. For the foregoing reasons, we issued an order on April 26, 2024, affirming the judgment.

(Mike Frisch)