Gus Bailey's Drug Case Being Moved to Federal Court

Former Town Councilor Thomas "Gus" Bailey came to Waltham District Court Tuesday morning for a court hearing but left in handcuffs, headed for Boston Federal Court.

Bailey, 49, and co-defendants Clay Gollibin, 42, of Brookline and Eric Falzon, 43, of Newton face a slew of drug charges after police where they allegedly were growing and selling marijuana.

The three men appeared in Waltham District Court Tuesday for a probable cause hearing, but the prosecutor with the Middlesex District Attorney's office told Judge Gregory Flynn that they would seek a non prosequitur in the case — ruling for the defendants when the plaintiff failed to take the necessary steps in an action within the time allowed.

When Bailey, Falzon and Gollibon left the court, however, they were met by law enforcement officers from the Waltham Police Department and other agencies.

They were told they would be transfered to Federal Court in Boston, and would be arraigned as soon as Tuesday afternoon. The defendants' attorney would not comment on the case.