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COMMONWEALTH v. DiCICCO

No. SJC-11672.

470 Mass. 720 (2015)

COMMONWEALTH v. ROBERT DiCICCO.

Supreme Judicial Court of Massachusetts, Middlesex.

February 26, 2015.

Attorney(s) appearing for the Case

David J. Nathanson ( Michael A. Nam-Krane with him) for the defendant.

Hallie White Speight , Assistant District Attorney, for the Commonwealth.

Sara A. Colb , for New England Innocence Project, amicus curiae, submitted a brief.

Ira L. Gant & Lisa M. Kavanaugh , Committee for Public Counsel Services, & Elizabeth A. Lunt , for Committee for Public Counsel Services Innocence Program & another, amici curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, & HINES, JJ.

In 1984, the defendant was convicted by a jury of aggravated rape. In July, 2005, the Superior Court clerk's office in Middlesex County located the trial exhibits, including the victim's blue jeans and underpants. They had been stored in plastic bags since the trial. Beginning in January, 2006, the defendant filed a series of motions to...

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