COMMONWEALTH v. MILLIEN

SJC-11928.

474 Mass. 417 (2016)

COMMONWEALTH, v. OSWELT MILLIEN.

Supreme Judicial Court of Massachusetts, Middlesex.

June 3, 2016.


Attorney(s) appearing for the Case

David Hirsch for the defendant.

Kate Cimini , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Seth Miller , of Florida, Katherine H. Judson , of Wisconsin, Adam W. Deitch & Lindsay A. Olson , of New York, & Mark W. Batten for The Innocence Network.

Heather Kirkwood , of Washington, & David E. Meier for David Ayoub & others.

Matthew R. Segal , Dennis Shedd , & Chauncey B. Wood for Committee for Public Counsel Services & others.

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


On the evening of October 20, 2009, the defendant's six month old daughter, Jahanna, was rushed to the emergency room, unconscious and unresponsive. She was diagnosed with traumatic brain injury, and scans of her brain showed retinal hemorrhages, subdural hematoma, and brain swelling, the three symptoms known as "the triad" associated...

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