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images.jpegThose convicted of any crime in Massachusetts should always consider challenging their conviction by filing an appeal. One way to litigate a Massachusetts Appeal is asking the trial judge to consider a Motion for New Trial based on undisclosed evidence by the prosecution.

In order to secure a new trial on the basis of undisclosed evidence, a defendant must be able to establish 3 things:

  1. the evidence was in the possession, custody or control of the prosecutor;
  2. the evidence is potentially exculpatory (e.g., tends to show evidence of innocence); and
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In the recent case of Commonwealth v. Romero, the Massachusetts Appeals Court issued a split-decision where the defendant, charged with Massachusetts Gun Crimes, challenged his conviction based on insufficient evidence for “constructive possession”.

The defendant in the case was in the driver’s seat of a parked car – he was the owner and operator in the car – along with three other passengers who were sitting in the car as well. At 1:30 a.m., a police officer drove past the car and testified that, as he drove by, he could only see the top of 4 peoples’ heads because they were crouching down in their seats. Upon seeing this, the officer turned around and parked behind the defendant’s car.

As the officer began to approach the car, from about 3 feet away, he testified he could see in the car and from his vantage point one of the rear passengers reach towards the front of the car through the two front seats, this while the defendant/driver was looking side to side and also looking at the front seat passenger, who was looking at an object in his hand.

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Randolph Police reported that they have arrested a man that was wanted in connection with the late-night robbery in the North Dartmouth Mall.

Michael Killory, 26, was arrested and charged with Armed Robbery while Masked; 4 counts of Assault with a Dangerous Weapon; and Use of a Firearm in Commission of a Felony.

According to police, Michael Killory allegedly exiting one of the dressing rooms at a store in the North Dartmouth Mall wearing a ski mask. He allegedly ordered the store employees on the floor and grabbed a deposit cash bag before running out the rear door.

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A Massachusetts State Police trooper was arraigned in Lynn District Court last week on Massachusetts Sex Crimes Charges for allegedly soliciting a prostitute in Lynn.

The trooper, who is reportedly a 27 year veteran with the Massachusetts State Police, was arraigned in Lynn District Court on charges including Sexual Conduct for a Fee, Failure to Stop for Police and Assault with a Dangerous Weapon.

According to the Lynn Police Department, the trooper was reportedly observed by Lynn Police who were conducted surveillance operations on prostitution in Lynn when they allegedly observed him and the woman inside his pickup truck.

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trivino.jpgA hockey star from Boston University was arrested this past weekend on Massachusetts Sex Crimes Charges for allegedly sexually assaulting a female BU student.

Corey Trivino, who has already been drafted by the New York Islanders in the 2008 NHL Draft, was arraigned in the Brighton Division of the Boston Municipal Court on Monday on sexual assault charges including Assault with Intent to Commit Rape; 3 counts of Indecent Assault & Battery; and 2 counts of Breaking and Entering in the Nighttime.

According to the Boston University Police Department, Corey Trivino allegedly pushed his way into the room of a female BU student and groped her. BU police allege that Trivino was intoxicated at the time.

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A graduate student from Harvard University was charged with Massachusetts Sex Crimes for allegedly sexually assault a woman on an MBTA train.

The Harvard graduate student is reportedly scheduled to be arraigned this morning in Cambridge District Court on one charge of Indecent Assault & Battery.

According to the MBTA Police, the man allegedly assaulted a woman on the red line train at near Kendall Sqaure on November 28. He later allegedly got off the train in Boston at Park Street.

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A man has been charged with Massachusetts Murder and Sexual Assault Charges in connection with the murder of Rosanna Camilo, whose naked was discovered in her Mattapan apartment two weeks ago.

Eldrick D. Broom, 27, of Boston, was arraigned this morning in the Dorchester Division of the Boston Municipal Court with 1st Degree Murder and Sex Crimes Charges.

The Suffolk County District Attorney’s Office alleges that Brook, who once lived across the hall from Rosanna Camilo, had access to her apartment through one of her former roommates and attacked her two weeks ago. Following the alleged attack and sexual assault, he then allegedly strangled her to death. Her body was reportedly discovered with a cord around her neck.

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Newton Police have arrested three Boston men on Massachusetts Violent Crimes Charges in connection with the alleged robbery of a man and woman in Newton Centre last week.

Enemias Eliseo Ardon Valdez, 26, and Juan Francisco Rodenzo, 33, both of Allston, along with Marlon Rodenzo, 20, of Jamaica Plain, were all charged with Armed Robbery and Assault & Battery.

According to the Middlesex County District Attorney’s Office, Newton Police officers were called to Cafe St. Petersburg in Newton Centre last Friday for a report that a man had been robbed at gunpoint. Newton Police allegedly located the three Boston men behind a liquor store on Beacon Street who allegedly matched the description.

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A former Boston Red Sox clubhouse manager, Donald Fitzpatrick, is again the subject of Massachusetts Sex Crimes allegations, this time involving two former Boston Red Sox clubhouse attendants, who claim they were sexually assaulted by him in the early 1990’s.

One of the victims alleges he was sexually assaulted in 1991 in the Boston Red Sox clubhouse restroom; and the other victim alleges he was assaulted by Fitzpatrick when he was employed by the team as a clubhouse attendant.

Although Donald Fitzpatrick had passed away in 2005, the victims are still seeking compensation from the Boston Red Sox organization because he was employed by the team and the alleged assaults occurred on the team’s property.

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thumbnail.aspx.jpegThe Boston Police Department announced this weekend that they have arrested a man wanted on Massachusetts Violence Crimes Charges in connection with the shooting of 4 men outside a Boston nightclub on November 18, 2011.

Samuel Higginbottom, 23, fo Boston, was arrested this past Friday relative to this shooting, and is expected to be charged with 4 counts of Assault with Intent to Murder.

According to Boston Police, 4 men were shot outside the Venu club on Warrenton Street. All 4 men reportedly suffered non-life threatening injuries.