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Defense challenges identification and evidence in burglary conviction on appeal
Summary
Argument in Commonwealth v. Malik D. Harrison focused on sufficiency of evidence and the prosecution's reliance on surveillance stills, a key fob record, and witness testimony raised as circumstantial links to identity; defense argued inadmissible or prejudicial ID evidence and Brady concerns about unavailable surveillance video.
The appeals panel considered whether the Commonwealth presented sufficient evidence to sustain convictions in Commonwealth v. Malik D. Harrison. Attorney Megan Arreste, representing the appellant, argued the evidence on identity was circumstantial and required impermissible inferences: she said no witness identified Harrison in court and the surveillance photos were grainy, while a manager and a resident testified that a building key fob had been used but did not tie the specific fob serial number to Harrison.
Arreste told the court: "No witness identified mister Harrison as an assailant, nor did any witness at trial identify mister Harrison from the grainy photos that were allowed in." She argued the prosecution relied on…
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