Boston Criminal Defense Lawyer Blog
In a recent case involving assault and battery by a dangerous weapon, the defendant appealed his guilty conviction before the Appeals Court of Massachusetts. On appeal, the defendant argued that the trial judge allowed impermissible testimony from police officers to be submitted at trial, and this testimony made the jury unfairly biased against him. Looking at the record of the case, the higher court ultimately denied the defendant’s appeal and affirmed the original conviction.
Facts of the Case
According to the opinion, the defendant was arrested with one other individual in an alleyway behind a local gym. Apparently, the defendant pulled out a knife while he and the second individual were threatening a third person. The defendant cut the victim’s face, and the victim sustained minor injuries from the incident. Soon after the assault, a police officer came to the scene to arrest both the defendant and the second individual.
The defendant was charged with assault and battery by means of a dangerous weapon. His case went to trial, where a jury found him guilty as charged. Promptly after the verdict, the defendant appealed.
The Decision
On appeal, the defendant made several arguments. One of the defendant’s main concerns was that the trial judge had allowed two officers to testify about previous interactions with the defendant. One officer stated that he was familiar with the second individual (the first defendant’s codefendant) from previous altercations, and another officer stated that he had encountered the defendant previously in his work as a police officer.
The defendant referenced case law that clearly warns courts to exclude testimony from police officers regarding previous interactions with criminal defendants. This testimony can unnecessarily bias the jury, especially since previous interactions are likely irrelevant to the case at which the officers would be testifying. Given this case law, said the defendant, the trial court was incorrect to allow the police officers to talk about previous interactions with him in front of the jury.
The court agreed that the testimony from police officers should have been excluded. However, said the court, the judge gave two clear, detailed instructions to the jury, letting them know that they were not to consider the officers’ testimony when deciding the merits of the case. This instruction to the jury, said the higher court, was sufficient, and thus the issue of the inappropriate testimony was adequately addressed by the trial judge.
The court then denied the defendant’s appeal.
Have You Been Charged with a Violent Crime in Massachusetts?
If you are facing criminal charges for a violent crime in the Commonwealth of Massachusetts, give us a call at the Law Office of Patrick J. Murphy. We are deeply committed to serving and protecting our clients, determined to get them the best possible outcome so that they can move on with the rest of their lives. If you are looking for an experienced, aggressive criminal defense attorney, look no further. For a free and confidential consultation, give us a call today at 617-367-0450.