COMMONWEALTH v. GARCIA

No. 08-P-1009.

75 Mass. App. Ct. 901 (2009)

COMMONWEALTH v. DAVID E. GARCIA.

Appeals Court of Massachusetts.

September 1, 2009.


Attorney(s) appearing for the Case

Lisa M. Kavanaugh, Committee for Public Counsel Services, for the defendant.

Karen L. Carlo, Assistant District Attorney, for the Commonwealth.


We reverse the defendant's convictions in this case because of serious and fundamental improprieties in the prosecutor's closing argument, including wrongfully invoking a jury's duty to convict in order to vindicate the complainant, asking the jury to imagine being in the complainant's place (including the trauma of having to testify), and leveling repeated entreaties for jury sympathy. The prosecutorial errors in the closing were the subject of objection by defense counsel...

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