COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. SUPREME JUDICIAL COURT

FOR SUFFOLK COUNTY
No. SJ-2020-0141

Suffolk Superior Court

No.1784CR00927;
1984CR00040;
1884CR00925

COMMONWEALTH

v.

WILLIAM UTLEY

JUDGMENT

The Commonwealth has filed a petition for emergency relief

pursuant to G.L. c. 211, § 3. On March 26, 2020, the defendant,

Michael Utley, filed a motion in the Superior Court for

immediate release from custody based on changed circumstances

presented by COVID-19. On March 30, 2020, a judge of the

Suffolk Superior Court heard the defendant’s motion and

thereafter revoked all prior orders of bail and ordered the

defendant released on personal recognizance, subject to: (1)

home confinement except for court dates and medical

appointments; (2) staying away from and having no contact with

any witnesses or co-defendants in any of the defendant’s pending

cases; (3) reporting to the probation department by telephone

two times per week; (4) being monitored by a SCRAM device1; and

(5) Global Positioning System (GPS) monitoring. The inclusion

zone for the GPS monitoring is the defendant’s address of his

home confinement. According to affidavit from defense counsel,

the defendant was released from Nashua Street Jail on April 1,

2020, and has been under home confinement with a GPS monitor

since that time.

The defendant has three pending cases. In January 2018 he

was arraigned (docket number 1784CR00927) for unlawful

possession of a firearm, G.L. c. 269, § 10(a); two counts of

unlawful possession of ammunition, G.L. c. 269, § 10(h);

unlawfully carrying a loaded firearm, G.L. c. 269, § 10(n); and

discharging a firearm within 500 feet of a dwelling, G.L. c.

269, § 12E. The defendant posted bail of $8,500 and was subject

to GPS monitoring as a bail condition. In December 2018 (docket

number 1884CR00925) he was arraigned for operating under the

influence (OUI) 5th Offense, G.L. c. 90, § 24(1)(a)(1) and

operating a vehicle after suspension of his license, G.L. c. 90,

§ 23. Bail was set at $15,000. In January 2019 (docket number

1 A SCRAM device monitors a user’s alcohol consumption.

According to the affidavit of defense counsel, the defendant has
been provided with a SCRAM device to monitor his blood alcohol
level.
1984CR00040) he was arraigned for second degree murder, G.L. c.

265, § 1. He was ordered held without bail.

After a thorough review of the record, an evaluation of all

the relevant circumstances, and a consideration of the arguments

of the Commonwealth and the defendant, I conclude that the judge

did not abuse her discretion in ordering the defendant released

on personal recognizance with conditions. See Vasquez v.

Commonwealth, 481 Mass. 747, 751 (2019); L.L. v. Commonwealth,

470 Mass. 169, 185 n.27 (2014).

Incarcerated individuals face an increased risk of COVID-19

infection. See Committee for Public Counsel Services v. Chief

Justice of the Trial Court, SJC-12926 (Apr. 3, 2020). In

addition to this recognized risk, the defendant has a severe

underlying health condition that heightens his risk of

infection. In a letter submitted by the defendant’s oncologist

at Beth Israel Deaconess Medical Center, the defendant’s

oncologist stated that the defendant has a diagnosis of chronic

myeloid leukemia, which is a cancer that causes bone marrow

suppression and places the defendant at high risk of infection.

The chemotherapy medication prescribed by the defendant’s doctor

to treat the defendant’s cancer further compromises his immune

system, placing him at an even higher risk of infection. Recent

studies have concluded that the highest risk category for COVID-

19 consists of those having cancer and receiving chemotherapy

treatment, with a study reporting that 75 percent of patients in

this category become critically ill or die. See Landman, et

al., Cancer patients in SARSCoV-2 infection: a nationwide

analysis in China, The Lancet (Feb. 14, 2020). Moreover,

according to the special master's report received April 10,

2020, although no inmates have tested positive in Suffolk

County, eight correctional officers and one staff member have

tested positive. The defendant faces a high risk of critical

illness or death if he were to contract COVID-19.

In addition, the judge recognized that the charges the

defendant faces are serious, noting in her findings and order

regarding GPS monitoring that the defendant’s “multiple alleged

highly reckless acts, as reflected by these open cases,

committed over a relatively short period of time, demonstrate a

compelling public safety need for GPS monitoring.” However,

although the charges faced by the defendant are serious and

carry long sentences, the Commonwealth’s evidence against the

defendant for the firearm charge and the second degree murder

charge does not appear strong.2 Regarding the OUI charge, under

the Sentencing Guidelines, the defendant will likely be

sentenced to two to three years of committed time, and has

already served eighteen months in pretrial detention.

2My opinion contained herein is not intended for use in the

defendant’s prosecution.
 Finally, the judge ordered strong conditions for the

defendant’s release. The defendant’s release enables him to

self-isolate to reduce his risk of infection, while at the same

time making sure that he will remain confined to his apartment

or be sent back to jail.

Upon consideration thereof, it is hereby ORDERED that the

Commonwealth’s petition be, and hereby is, denied. The decision

of the Suffolk County Superior Court judge to release the

defendant on personal recognizance, with specified conditions,

stands.

By the Court, (Cypher, J.)

/s/ Elspeth B. Cypher

Associate Justice

Entered: April 13, 2020