Serpa Law Office

Serpa Law Office - Boston Criminal Lawyer updated their website address.

Serpa Law Office - Boston Criminal Lawyer updated their address.

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Serpa Law Office - Boston Criminal Lawyer updated their info in the about section.

Massachusetts Appeals Court improves remedy to defendants for lost evidence. Massachusetts defense attorneys have been pulling their hair out for years over the toothless remedies available to clients for lost booking videos. Today the Appeals Court made incremental progress in Commonwealth v . Heath. http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/15p0227.pdf In Heath the alleged offense, assault and battery on a police officer, took place at the Haverhill police station. A booking surveillance video was functioning during the event. The prosecution did not preserve the video and it was destroyed (probably looped over) before trial. The Appeals Court found that the prosecution had been negligent in not preserving the video. (Why a video depicting the alleged event isn't mandatory discovery under Rule 14 boggles...). The Appeals Court reversed the conviction and held that at retrial there should be a jury instruction permitting, but not requiring, a negative inference against the government for loss of the video. Still tepid, but some progress. WWW.MASS.GOV www.mass.gov