COMMONWEALTH v. CAILLOT

SJC-08383a

454 Mass. 245 (2009)

COMMONWEALTH v. HERBY CAILLOT (and a companion case).

Supreme Judicial Court of Massachusetts, Plymouth.

July 10, 2009.


Attorney(s) appearing for the Case

Donald A. Harwood for Manuel E. Santos.

John J. Barter for Herby Caillot.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Michael R. Schneider & John M. Thompson, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, COWIN, CORDY, & GANTS, JJ.


GANTS, J.

On October 5, 1998, a jury convicted the defendants, Herby Caillot and Manuel R. Santos, of murder in the first degree, as joint venturers, by reason of deliberate premeditation. After initially denying postconviction relief, the trial judge granted the defendants a new trial, finding that the improper closing argument by the prosecutor concerning motive and newly discovered ballistics evidence regarding the handguns used in the murder, considered together...

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