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Appeals court hears challenge to juror discharge, evidence and verdict form in Colombo case
Summary
In oral argument, defense counsel for Dominic Colombo said the trial judge erred by discharging a deliberating juror without a hearing and by admitting and failing to authenticate blood-vial evidence; the Commonwealth responded that counsel’s objections were not specific and that the record shows no prejudice.
A three-justice panel of the Massachusetts Appeals Court heard argument in the appeal of Dominic Colombo, where defense attorney Keith Garland told the court that Judge Krepp erred by discharging a deliberating juror without the required on-the-record hearing and by admitting blood-vial evidence without adequate authentication.
Garland said the record shows two objections by defense counsel to the juror’s discharge and argued the judge should have contacted the juror (he suggested a phone or Zoom hearing) to determine whether the juror’s absence was for a personal medical reason rather than…
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