Articles Tagged with Boston Criminal Lawyer Lefteris K. Travayiakis

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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 Superior Court in 2006, charged with murder in the shooting death of a man whom he believed was having an affair with his wife.  The Middlesex County District Attorney’s Office alleged that the defendant had hired an assassin to kill his wife.  During trial, the defendant elected to testify in his own defense; and he was cross-examined by the prosecution over two days.

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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 for the crime of assault & battery in the Brockton District Court.  During closing arguments, the prosecutor argued:

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