COMMONWEALTH v. PENA


455 Mass. 1 (2009)

COMMONWEALTH v. YODERNY PENA.

Supreme Judicial Court of Massachusetts, Suffolk.

September 24, 2009.


Attorney(s) appearing for the Case

Stephen Neyman for the defendant.

Helle Sachse, Assistant District Attorney, for the Commonwealth.

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


CORDY, J.

On the afternoon of March 8, 2004, the victim was found stabbed to death in the bathtub of her apartment. Her boy friend, Yoderny Pena, was indicted for her murder. See note 1, supra. After a five-day jury trial, during which Pena claimed mental impairment, Pena was found guilty of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty. Represented by new counsel, Pena filed a motion for a new trial...

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