COMMONWEALTH v. HOLMAN

No. 88-P-1283.

27 Mass. App. Ct. 830 (1989)

544 N.E.2d 598

COMMONWEALTH vs. CHARLES A. HOLMAN.

Appeals Court of Massachusetts, Middlesex.

October 12, 1989.


Attorney(s) appearing for the Case

Eileen D. Agnes for the defendant.

David R. Marks, Assistant District Attorney, for the Commonwealth.

Present: SMITH, CUTTER, & FINE, JJ.


FINE, J.

The defendant was convicted of operating under the influence of intoxicating liquor. While he was under arrest at the Natick police station on May 24, 1987, the thirty-minute booking process was videotaped. On June 16, 1987, and July 28, 1987, the defendant's attorney viewed the videotape at the police station. Sometime between July 28, 1987, and the first date the case was scheduled for trial, October 19, 1987, the videotape was erased as a result of negligence...

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