The prosecution’s duty to provide exculpatory evidence to the defense has long been a hotly contested issue.  To many, the prosecution seemed to have a “don’t ask, don’t tell” mentality, opining that if the prosecution did know about police misconduct then the prosecution did not have to disclose that conduct.  That attitude surely is not consistent with the goal of a criminal trial – to seek and find the truth.  But, two recent Mass SJC cases seem to make it clear that the prosecution has a broad affirmative duty to inquire into, and disclose, potential misconduct.

I recently had the pleasure of representing a young man accused of sexually assaulting his two half-sisters. It was alleged that he abused the girls when he was living with his biological father, mother-in-law, sister, and two half-sisters from when he was 16-19 years old. The girls were not yet teenagers. After a weeklong jury trial, he was found not guilty of all 10 charges – charges which exposed him to up to life in prison if convicted.

…leading to lead detective asserting a 5th Amendment privilege to give no further testimony during the trial. I had a recent rape trial in Brockton Superior Court which involved Snapchat search warrants submitted by a Brockton Police detective.

This afternoon, the Supreme Judicial Court of Massachusetts issued its Fifth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic.

The police are trained interrogators. Many of them go to school where they learn tricks how to keep you talking. They learn how to use their body language, how to use their voice, how to touch your arm or shoulder at certain times.

In Attleboro, MS, the attorney for one of two suspects who were charged with robbing a barber in Norton claims that his client was not involved in the robbery. The attorney suggested that the police consider the fact that they may not be aware of the entire situation. James Caramanica, Attleboro defense attorney, is representing robbery suspect, Joseph Dunkle.