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PHOENIX v. MATESANZ

No. 00-1140.

233 F.3d 77 (2000)

Kenneth P. PHOENIX, Petitioner, Appellant, v. James MATESANZ, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 1, 2000.

Attorney(s) appearing for the Case

Robert L. Sheketoff, with whom Sheketoff & Homan was on brief, for appellant.

William J. Meade, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Chief Judge.

According to the prosecution, Kenneth Phoenix "almost committed the perfect crime ... except for one mistake." Based on that mistake — a blood-soaked fingerprint left near the scene — Phoenix was convicted of the first degree murder of Raymond Green. Although Phoenix's defense counsel cross-examined the forensic serologist and fingerprint experts presented by the Commonwealth of Massachusetts...

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