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Commonwealth v. Mortimer Opinion Summary: The trial judge found that defendant was indigent but able to contribute $40,000 to his defense against indictments charging him with the murders of his wife, mother-in-law, and children (S.J.C. Rule 3:10, (1)(g)). In setting the amount of the required contribution, the judge considered assets that defendant had reported to the probation department, including bank accounts, a college fund, and an individual retirement account. The Massachusetts Supreme Court vacated and remanded. Some of the assets are currently unavailable to defendant under the "slayer statute," G.L. c. 265, 46 because those assets were held jointly with his deceased wife or in trust for the deceased children. An IRA is ordinarily to be considered a liquid asset available to a defendant and may properly be included in the assessment of his ability to pay for his representation, at least up to the net amount available to him after accounting for any early withdrawal penalties and taxes. COMMONWEALTH vs. Thomas J. MORTIMER, Fourth, & another. [FN1] SJC-10923. March 5, 2012. - July 13, 2012. Practice, Criminal, Assistance of counsel. Words, "Available funds." INDICTMENTS found and returned in the Superior Court Department on August 26, 2010. A question of law was reported to the Appeals Court by Elizabeth M. Fahey, J. The Supreme Judicial Court granted an application for direct appellate review. Ryan M. Schiff, Committee for Public Counsel Services (Beth L. Eisenberg, Committee for Public Counsel Services, with him) for the defendant. Natalie S. Monroe, Assistant Attorney General, for the intervener. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. CORDY, J. Pursuant to S.J.C. Rule 3:10,

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Massachusetts Law