Commonwealth v. J.B., Suffolk Superior Court - Armed Assault to Murder
The Commonwealth alleged that the defendant possessed a gun and knowingly gave it to a co-venturer who then shot another person five times. The victim of the shooting survived his injuries and appeared at trial, identifying the defendant to the jury as the person who handed the gun over before he was shot. The victim was 'confident' of his purported identification because he had known the defendant 'for awhile' and was 'positive' of his involvement.
Despite the in-court identification of the defendant by the victim, an alibi defense was presented to the jury. The defense argued that, despite confidence of the victim's identification of him, the defendant was not responsible in any way for the shooting because he wasn't even in the area at the time.
Obviously, the issue for the jury to consider was whom did they believe? The victim's insistence that he was positive of the participation in the shooting, or the defense's alibi defense.
The case turned in the defendant's favor when the defense was able to successfully attack the credibility of the victim, as well as the investigating police officers. Attorney Travayiakis' closing argument focused not only on the alibi evidence, but also the lapses and inconsistencies in the governments case and their witnesses.
The jury returned verdicts of NOT GUILTY on all counts.
Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Crimes of Violence and Gun Crimes.
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