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Appeals court hears challenge to pole‑camera evidence and confidential‑informant privilege in Commonwealth v. Mello
Summary
A three‑judge appeals panel heard arguments over whether police had probable cause to install a pole camera in late 2018 and whether the trial court properly denied disclosure of a confidential informant whose role helped trigger the surveillance.
A three‑judge panel of the Massachusetts Appeals Court on April 10 heard arguments in Commonwealth v. Mello over whether a pole camera installed outside a suspected drug location and the trial court’s handling of the confidential‑informant privilege require reversal.
The panel — Judge Greg Massing presiding with Justice Englander and Justice DeAngelo — heard from defense counsel, who argued the pole‑camera affidavit contained “very little about the informant, his reliability, his veracity,” and that the trial court incorrectly denied a defense motion to disclose the informant’s identity and background. Assistant Attorney General Tara Johnston told the court the trial judge correctly found the informant was not a participant or recipient witness and that the Commonwealth had properly asserted an informant privilege;…
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