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Panel reviews stop ruled discriminatory after expert-statistics and officer testimony clashed
Summary
BOSTON ' The appeals court heard argument over a trial judge's decision to credit statistical evidence of biased traffic enforcement despite officer testimony that he could not see the driver; the panel took the case under advisement.
BOSTON — The Massachusetts Appeals Court heard argument in Commonwealth v. Jonathan Velez over whether a motion judge properly granted relief after finding a traffic stop was motivated, at least in part, by racial discrimination.
The dispute arose after an evidentiary hearing in which a statistical expert testified—according to the judge's written findings—that Officer Graham pulled Hispanic drivers at a higher rate than his peers. The motion judge also credited the officer's testimony that he "could not see the driver" prior to the stop. The Commonwealth argued the judge erred by crediting statistics despite the officer's testimony and by failing to apply the two-step…
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