COMMONWEALTH v. ESPINAL

SJC-12597.

482 Mass. 190 (2019)

COMMONWEALTH v. ARISMENDY ESPINAL.

Supreme Judicial Court of Massachusetts, Essex.

May 6, 2019.


Attorney(s) appearing for the Case

Rebecca Kiley , Committee for Public Counsel Services, for the defendant.

Catherine Patrick Sullivan , Assistant District Attorney, for the Commonwealth.

J. Anthony Downs , for Lawyers for Civil Rights & others, amici curiae, was present but did not argue.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


A jury in the District Court convicted the defendant of indecent assault and battery on a twelve year old child. On appeal, the defendant, whose native language is Spanish, maintains that the judge erred in denying his request that a question be posed collectively to potential jurors about bias toward non-English speakers. He argues further...

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