COMMONWEALTH
vs.
ABIMAEL COLON-CRUZ (and two companion cases).
Supreme Judicial Court of Massachusetts, Worcester.https://leagle.com/images/logo.png
May 7, 1984.
October 18, 1984.
Attorney(s) appearing for the Case
Donald D. Deren for Miguel Angel Rosado.
Dennis J. Brennan for Jose Anibal Colon.
Milton H. Raphaelson for Abimael Colon-Cruz.
Daniel F. Toomey, Assistant District Attorney (Harry D. Quick, III, Assistant District Attorney, with him) for the Commonwealth.
The following submitted briefs:
William D. Delahunt, District Attorney for the Norfolk District, amicus curiae.
Patricia A. O'Neill & Richard Zorza, for Massachusetts Defenders Committee, amicus curiae.
Newman Flanagan, District Attorney for the Suffolk District, & others, amici curiae.
Francis X. Bellotti, Attorney General, Barbara A.H. Smith & Paul A. Lazour, Assistant Attorneys General, for the Attorney General, amicus curiae.
John A. Perkins, Allan van Gestel, Margaret R. Hinkle & Paul E. Nemser, for Boston Bar Association, amicus curiae.
John Reinstein, Max D. Stern, Ann Lambert Greenblatt, Alan J. Rom, Geraldine S. Hines & Judith Farris Bowman, for Massachusetts Citizens Against the Death Penalty & others, amicus curiae.
Supreme Judicial Court of Massachusetts, Worcester.
LIACOS, J.
In District Attorney for the Suffolk Dist. v. Watson,381 Mass. 648 (1980), this court declared unconstitutional the capital punishment statute, c. 488 of the Acts of 1979. The court held that the penalty of death was impermissibly cruel under art. 26 of the Declaration of Rights of the Massachusetts Constitution.3 That article then provided, in its entirety: "No magistrate or...
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