COMMONWEALTH v. EVELYN

No. SJC-11643.

470 Mass. 765 (2015)

COMMONWEALTH v. SEAN EVELYN.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 2015.


Attorney(s) appearing for the Case

Jeanne M. Kempthorne for the defendant.

Donna Jalbert Patalano , Assistant District Attorney, for the Commonwealth.

Donald A. Harwood & David A.F. Lewis , for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

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


After an altercation with Cushings Fortuna (victim), the defendant returned to his vehicle, removed a gun from a hidden compartment, chased the victim, and shot him dead. At trial, the defendant's attorney in opening statement conceded that the defendant committed the killing, and told the Superior Court jury that the issue they had...

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