Your Shield Against Criminal Prosecution
In the case now being prosecuted in Suffolk County, Massachusetts, against Aaron Hernandez, the SJC has ruled that a cell phone belonging to Hernandez, given by him to his prior attorneys, must be turned over to prosecutors for the Commonwealth as a result of an anticipatory search warrant application. Aaron Hernandez is awaiting trial for murder in connection with the…
A reported question pre-trial was taken by the Massachusetts Supreme Judicial Court in the matter of Commonwealth v. Timothea T. Neary-French as to whether the defendant had a right to an attorney prior to submitting to a breathalyzer test. The Supreme Judicial Court held that there is no such right to an attorney before deciding whether to take a breath…
The United States Supreme Court reversed the murder conviction of a Louisiana man and granted him a new trial, finding that the the prosecutor had withheld evidence that could have supported his defense at trial that could have cast doubt on the credibility of prosecution witnesses. This case, Weary v. Cain, is notable because the SJC expanded upon the principle…
In a recent decision concerning whether the seizure and resulting inventory search of a car by the police, the Massachusetts Supreme Judicial Court held that, in circumstances where persons are arrested and their vehicle may be towed and inventoried, a practical alternative to the seizure and impoundment of the car could render its impoundment unreasonable and unlawful. See Commonwealth v.…
The issue of the reliability of eyewitness identifications has been a hot topic in Massachusetts courts the last few years. Several cases from the Massachusetts Supreme Judicial Court and Appeals Court have touched upon the danger of suggestiveness of eyewitness identifications, their reliability and consequently, their admissibility against defendants at trial. Commonwealth v. Johnson, decided by the SJC on February…
In a recent decision, the Massachusetts Appeals Court appears to have broadened the scope of “reasonable suspicion to stop” a person in circumstances where he did not match the descriptions of the suspect as provided by eyewitnesses. In the case of Commonweatlh v. Johnson, police responded to several 911 calls of shots fired by multiple shooter in a residential area. One…
The Massachusetts Supreme Judicial Court, in the case of Commonwealth v. Brescia, affirmed a judge’s allowance of the defendant’s motion for new trial on the grounds of, because of the defendant’s having had an undetected stroke during the course of his testimony, this medical condition could have affected his credibility before the jury. James Brescia was tried in the Middlesex…
The Massachusetts Appeals Court recently ruled that it is reversible error and improper for a prosecutor to suggest the defendant had the opportunity to tailor his testimony and lie because he had heard the other witnesses during trial. This issue was addressed in Commonwealth v. Alphonse, and because the error was reversible, the defendant’s conviction was reversed. The defendant was tried…
In the recent case of Commonwealth v. Walter Crayton, the Massachusetts Supreme Judicial Court established a new standard for the admission at trial of an in-court identification of the defendant where the witness had not, prior to trial, been asked to participate in an out of court identification procedure. The new rule imposes the burden on the Commonwealth to request.…
Many clients, and even attorneys, don’t understand the perils of interviewing potential witnesses without the assistance of an investigator. Even when I explain and encourage client to retain the services of an investigator, many of them forego the use of an investigator for no other reason than to save some money. Unfortunately, not hiring an investigator can end up costing…