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Appeals court hears challenge to negligent-vehicle homicide conviction and consciousness-of-guilt instruction
Summary
In Commonwealth v. Alec Butler, defense counsel urged the court to reverse or order a new trial, arguing evidence was insufficient and that a consciousness-of-guilt jury instruction was improperly given; the Commonwealth said the evidence supported convictions.
Luke Roselle, representing Alec Butler, told the panel the record lacks sufficient evidence to support negligent-vehicle homicide and that the judge erred by allowing a consciousness-of-guilt instruction based on flight and other conduct. Roselle emphasized event-data and reconstructions showing the driver depressed the brake at least one second before impact and argued the sequence of events distinguishes this case from precedent the…
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