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COMMONWEALTH v. MARRERO

SJC-13399.

493 Mass. 338 (2024)

COMMONWEALTH v. ELVIO J. MARRERO.

Supreme Judicial Court of Massachusetts, Franklin.

January 12, 2024.

Attorney(s) appearing for the Case

Ira L. Gant , Committee for Public Counsel Services ( Lauren V. Jacobs also present) for the defendant.

Bethany C. Lynch , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Jessica Lewis & Joshua M. Daniels for American Civil Liberties Union of Massachusetts & another.

Andrew Shear , Hannah Freedman , & Natalie Baker , of New York, Stephanie Roberts Hartung , John P. Bueker , & Scott S. Taylor for Innocence Project, Inc., & another.

Martin W. Healy , Thomas J. Carey, Jr. , & Donna Jalbert Patalano for Massachusetts Bar Association.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

When he was arrested for the murder of Pernell Kimplin, the defendant Elvio Marrero had with him a distinctive black leather jacket. Police testing discovered blood inside the sleeves of the jacket, and, due to the small quantity of blood, the forensic tests performed could not exclude the victim...

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