COMMONWEALTH v. DOWNEY

No. 04-P-1192.

65 Mass. App. Ct. 547 (2006)

COMMONWEALTH v. DANIEL DOWNEY (and a companion case).

Appeals Court of Massachusetts, Suffolk.

February 22, 2006.


Attorney(s) appearing for the Case

Dean A. Mazzone, Assistant District Attorney, for the Commonwealth.

Stephen B. Hrones (Jessica D. Hedges with him) for Joseph Downey.

Michael J. Traft for Daniel Downey.

Present: Greenberg, Berry, & Graham, JJ.


BERRY, J.

These companion cases involve the extraordinary and legally portentous circumstance of two defense counsel for two defendant brothers on trial for murder in the first degree entering into an arrangement with the film company Lion Television Limited (Lion), in which, without the consent of their clients, the lawyers undertook to wear concealed microphones tied to recording devices during the course of a criminal trial. The attorneys' communications with their...

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