A Massachusetts Superior Court has ruled against the Commonwealth's request to delay the trial of Bura Phan, who faces charges of assault and battery of a family member and witness intimidation. The court's decision is significant as it emphasizes the importance of timely justice, especially for defendants held without bail. Phan's trial is now set to proceed on August 3, 2026.
The Commonwealth's motion to postpone the trial was based on the injury of a key witness, a Lowell police officer, who has been on paid injury leave due to a broken nose. However, the court found that the Commonwealth failed to provide sufficient evidence to justify the delay. This ruling affects not only Phan but also highlights the court's commitment to upholding the rights of defendants and ensuring that trials are conducted without unnecessary postponements.
Background
Bura Phan was indicted by a grand jury on charges related to an alleged assault against a family member and witness intimidation. He was arraigned on February 20, 2026, and has been held without bail since then under Massachusetts General Laws Chapter 276, Section 58A. This law allows for pretrial detention of defendants deemed a danger to the community or a flight risk.
The Commonwealth initially scheduled Phan's trial for June 22, 2026, but it was postponed to July 14 at the request of Phan's attorney, who needed time to attend a legal training program. On July 2, the Commonwealth requested another delay, citing the injury of the police officer witness, who was expected to be unavailable for the trial. The court granted a one-week extension, moving the trial to July 27, 2026, but the Commonwealth later sought a further delay, claiming the officer would still be unable to testify.
The Ruling
In its ruling, the court denied the Commonwealth's third motion to continue the trial, stating, "The Commonwealth has not shown there is good cause to further delay trial of this case." The court emphasized that the Commonwealth failed to provide any evidence that the police officer was unable to testify due to her injury. Judge Kenneth W. Salinger noted that the Commonwealth's claims did not meet the burden of proof necessary to justify a delay.
The court further explained that merely being on paid injury leave does not exempt a police officer from testifying in court. Judge Salinger stated, "Police officers do not enjoy a common law or statutory privilege not to testify merely because they are on a paid injury leave due to a medical condition that would not interfere with their ability to testify at trial." The ruling reinforced the principle that all witnesses, including police officers, have a duty to testify when called upon, regardless of their employment status.
Impact
This ruling is significant for several reasons. First, it underscores the importance of timely trials for defendants, particularly those held without bail. The court highlighted that Phan has been detained for nearly six months, which is longer than what is typically considered reasonable under Massachusetts law. By denying the delay, the court aims to uphold the statutory command that individuals detained under Section 58A should be brought to trial as soon as reasonably possible.
Additionally, this decision may set a precedent for future cases involving the availability of witnesses. The court's insistence on the Commonwealth's responsibility to provide evidence of a witness's unavailability could influence how similar motions are handled in the future. It emphasizes that the burden of proof lies with the prosecution when seeking to delay trials based on witness availability.
What's Next
The trial for Bura Phan is scheduled to begin on August 3, 2026. The Commonwealth and the defense are required to subpoena all necessary witnesses to ensure a fair trial. There is no indication in the court filing that this ruling will be appealed, and no related cases are pending at this time.