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COMMONWEALTH v. KATER

409 Mass. 433 (1991)

567 N.E.2d 885

COMMONWEALTH vs. JAMES M. KATER.

Supreme Judicial Court of Massachusetts, Middlesex.

March 4, 1991.

Attorney(s) appearing for the Case

Jonathan Shapiro (Patricia Garin with him) for the defendant.

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

We address for the third time the Commonwealth's prosecution of James M. Kater for the murder of Mary Lou Arruda. The defendant was convicted of murder in the first degree and kidnapping in 1979. In 1983, we reversed those convictions and remanded the case because the prosecution had introduced hypnotically-aided testimony. Commonwealth v. Kater, 388 Mass. 519 (1983) (Kater I). Preliminary to a retrial...

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