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Appeals court hears argument that officer’s remark and jury instructions tainted Fairburn trial
Summary
Attorneys urged the Massachusetts Appeals Court to order a new trial for Stephen Fairburn, arguing an officer’s testimony and flawed jury instructions prejudiced the jury; the Commonwealth counters jurors can and did follow curative instructions and the record shows no miscarriage of justice.
Commonwealth v. Stephen Fairburn — Defense lawyers told the Massachusetts Appeals Court on oral argument that a single remark by an officer and errors in jury instructions together created a substantial risk of a miscarriage of justice and require a new trial. Assistant District Attorney Megan Monahan for the Commonwealth said judges properly cured the one-off remark and that the record does not show prejudice requiring reversal.
The defense, led by attorney Daniel DeMaria, said Officer Pucci’s testimony relaying that the complainant screamed “someone was trying to murder her” went beyond the complainant’s own…
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